SABS Tag Archives

Grigoroff v Wawanesa Mutual Insurance Company, 2015 ONSC 3585

Released July 15, 2015 | CanLII This Divisional Court decision concerns the issue of when interest begins to run on attendant care benefits.  The Divisional Court noted that the determination of this issue turned on when the payment of a benefit is “overdue”. The Plaintiff was involved in a motor vehicle collision on December 7, 2001. The Plaintiff retained various occupational therapists and case managers to …

Dale Cox and Aviva Canada Inc., FSCO A13-012588

Released July 3, 2015 | Full Decision The Applicant was riding his bicycle in Burlington, Ontario, when an unidentified vehicle struck either him or his bike and he fell to the ground. The vehicle did not stop and there were no known witnesses. The Applicant’s bicycle was damaged to the point that he could not ride it home. The damage was seen by his wife and his brother-in-law. …

Scarlett v. Belair Insurance, 2015 ONSC 3635

Released June 5, 2015 | CanLII In this most recent installment in the Scarlett saga, the Divisional Court reviewed the decision of Director’s Delegate Evans from November 28, 2013.  That decision had overturned the original Arbitration decision of March 26, 2013. The Director’s Delegate had remitted the matter to be heard in full by a different arbitrator. Mr. Scarlett sought to reinstate the Order of …

Insurers get an early present; injured victims get another lump of coal

On Wednesday, December 11, 2013, the government secretly pushed through three changes to the SABS (Ontario Regulation 347/13), all of which will come into force on February 1, 2014. One of those changes is a small amendment to section 35 of the SABS dealing with the election of weekly benefits. However, the other two changes (attendant care benefits and pre-existing medical conditions) are potentially much …