SABS Tag Archives

State Farm Mutual Automobile Insurance Company v. Aslan et al., 2016 ONSC 2725

An April 13, 2016 decision by Justice Hackland in Ottawa has provided further guidance on the notice requirements before an insurer can perform a section 33 Examination Under Oath. A generic statement that the insurer requires an examination under oath to determine the insured’s entitled to statutory accident benefits will not suffice.

Batoor v. State Farm Mutual Automobile Insurance Company, FSCO A13-007600

This is a preliminary issue hearing as to whether the applicant, Hiwad, should be excluded by section 31(1)(a)(i) of the Statutory Accident Benefits Schedule from claiming certain accident benefits as a result of operating an uninsured automobile.

Transition to the LAT

The LAT is set to begin receiving applications for SABS disputes on April 1. OTLA is addressing significant concerns about the transition, specifically an insured’s ability to access the new dispute resolution process.

Niforos and Allstate Insurance Company of Canada, FSCO A13-007892

Heard April 25, 2015 | Document Bank The Applicant had been receiving CPP disability benefits since 1994. Approximately sixteen years later on March 1, 2010, the Applicant was injured in a motor vehicle accident.  Following this accident, the Applicant continued to receive CPP disability benefits. She also applied to her automobile insurer for non-earner benefits. A preliminary issue arose as to whether the Insurer was entitled to …