by Julianne Brimfield | Sep 22, 2026 | Accident Benefits
The Statutory Accident Benefits Schedule (SABS) is consumer protection legislation. However, when the wording of a section is unambiguous and mandatory, it must be interpreted in a straightforward manner and not in a way that renders it meaningless. That includes...
by Julianne Brimfield | Sep 24, 2025 | Accident Benefits
In 2023, the Divisional Court released a decision stating that the post-104 IRB test does not include employment in a competitive, real-world setting, nor does it include any test that suitable employment should be comparable in terms of status and wages. For a...
by Julianne Brimfield | Apr 21, 2025 | Accident Benefits, Priority Dispute
The Statutory Accident Benefits Schedule and O. Reg. 283/95 require that an insurer promptly provide an application for accident benefits (OCF-1) and other relevant forms to a person once the insurer is advised of an intention to apply for accident benefits. O. Reg....
by Julianne Brimfield | Mar 7, 2024 | Accident Benefits
In 2019 the legislature amended the SABS to confirm that the med/rehab limits are exclusive of HST. But when exactly is HST payable in accident benefits claims? HST has been a hot topic in accident benefits over the past few years, spawning class action lawsuits, a...
by Julianne Brimfield | Sep 8, 2022 | Accident Benefits
The Divisional Court has recently weighed in on the deductibility of EI benefits from an income replacement benefit owing to an insured person after an accident. The Court held that all EI benefits are deductible as “gross employment income”. Section 4(1) of the SABS...
