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 Mai Nguyen | May 19, 2026 | Accident Benefits
In Sorrentino v. Certas, the Divisional Court adopted a broad and flexible approach to the meaning of “existing home” under s. 16 of the SABS, noting an important expansion in the interpretation of home modification benefits. Facts An 83-year old claimant, who lived...
by Lisa Armstrong | Dec 18, 2025 | Accident Benefits
Divisional Court finds weekly benefits payable before submission of the disability certificate with reasonable explanation. In a significant decision, the Ontario Divisional Court has allowed the appeal of Summer Clouthier, a claimant who was struck by a car while...
by Suzanne Armstrong | Nov 2, 2025 | Accident Benefits
The Licence Appeal Tribunal (“LAT”) released a steady stream of decisions addressing catastrophic impairment claims under Criterion 8, which concerns mental or behavioural disorders under the Statutory Accident Benefits Schedule1. A review of decisions for the period...
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 Shalini Thomas | Aug 7, 2025 | Accident Benefits
Just last week, the Divisional Court issued a ruling that the LAT has authority to grant relief from forfeiture pursuant to s. 129 of the Insurance Act (“the Act”). Previously, in disputes where an equitable remedy was pled, the LAT typically found it did not have the...
