SABS Tag Archives

Podlovics v. Aviva General Insurance, 2021 CanLII 96943 (ON LAT)

This hearing before the Licence Appeal Tribunal dealt primarily with the issue of whether the Applicant’s injuries were predominantly minor within the meaning of the SABS. The Applicant submitted a number of medical and rehabilitation treatment plans above the $3,500.00 available under the MIG for claimants with predominantly minor injuries…

Aviva Insurance Company of Canada v. Danay Suarez, 2021 ONSC 6200

The Divisional Court decision of Aviva v. Suarez is a recent SABS decision that has important ramifications for the public pertaining to the access to injury victims of benefits provided for in the Statutory Accident Benefits Schedule…

Fratarcangeli v. North Blenheim

On June 15, 2021, the Divisional Court released its long-awaited decision on three appeals, which all related to whether the Licence Appeal Tribunal (LAT) has the jurisdiction to extend the two year limitation period for disputing accident benefits claims under the Statutory Accident Benefits Schedule. The LAT had been releasing inconsistent decisions as to whether it had this jurisdiction, and clarity was required from the appeal court…

Aviva Insurance Company of Canada v. J.A., 2021 ONSC 3185 (Div. Ct.)

In this case, the Respondent, J.A. was injured in a motor vehicle accident in February 2005. He applied for accident benefits through his insurer, Aviva. In 2015, around the time when his medical rehabilitation benefits were expiring, he applied for catastrophic impairment determination. Although Aviva found there was insufficient medical documentation, it nonetheless conducted its CAT assessments which later found he was not catastrophically impaired…

K.K. vs. Aviva General Insurance, 2020 ONLAT 18-012611/AABS

In this case, the insurer was ordered to pay special award for unreasonably held or delayed payment of IRBs after ignoring severity of psychological impairments and reports of its own assessors…

N.P. v Western Assurance Company, 2020 ONLAT 19-011629/AABS & 19-012841/AABS

In this case, the Respondent insurer, Western Assurance Company, denied a treatment and assessment plan for an in-home re-assessment of attendant care benefits and housekeeping benefits. The Adjudicator found in favour of the Applicant…