A refusal to pay a benefit that stems from a period of non-compliance pursuant to section 33 of the SABS can trigger a section 56 limitation period.
Joanna Sweet
Hamilton v. Bluewater Recycling Association, 2016 ONCA 805
This was a motorcycle vs. recycling truck collision where the parties agreed that the Plaintiff motorcyclist’s damages were $8 million. The Plaintiff appealed the jury’s verdict that he was 100% liable for the collision.
Ferawana v State Farm Mutual Automobile Insurance Co, 2016 CarswellOnt 14392
If an insurer fails to comply with the notice requirements at section 38(8) of the SABS, the relief in section 38(11) is mandatory and the insurer is prohibited from making a MIG determination on the applicant’s claim.
