In T.K. v. Allstate Insurance, 2019 ONLAT 18-007113/AABS, the Licence Appeal Tribunal (“LAT”) confirmed that it does not have jurisdiction to award interim statutory accident benefits, unlike the previous FSCO regime. This is consistent with a prior decision of the LAT.
The adjudicator agreed with the insured that the Tribunal’s jurisdiction must be interpreted in a manner which prioritizes consumer protection and fairness, among other things.
However, the adjudicator also noted that there have been specific changes to the Insurance Act which clearly show the legislator’s intention to restrain the Tribunal’s jurisdiction.
The adjudicator stated that awarding interim benefits would require the Tribunal to read-in a threshold test for interim benefits, as well as set amounts for interim benefits, that are not set out anywhere in the Statutory Accident Benefits Schedule and which explicitly require regulation.
As a result, the insurer was successful on the preliminary issue in question, specifically, that the payment of interim benefits cannot be ordered by the LAT.