Statutory Accident Benefits – Rogers Partners LLP

Don’t Let a Narrow Definition Backfire on You: Why Unusual Events Can Still Count as Accidents Under the SABS

rpllpadmin — Mon, 27 Apr 2026 13:09:55 +0000

By Laura Bruce The Licence Appeal Tribunal recently released a decision that offers insight into when uncommon events, despite their rarity, still qualify as accidents under the Statutory Accident Benefits Schedule. In Sala v. Aviva Insurance Company of Canada, 2025 ONLAT 23-011234/AABS, the claimant applied to his insurer, Aviva, for accident benefits stemming from what […]

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Don’t Let a Narrow Definition Backfire on You: Why Unusual Events Can Still Count as Accidents Under the SABS

rpllpadmin — Wed, 29 Oct 2025 22:53:51 +0000

By Laura Bruce The Licence Appeal Tribunal recently released a decision that offers insight into when an uncommon event, despite its rarity, still qualifies as an “accident” under the Statutory Accident Benefits Schedule. In Sala v. Aviva Insurance Company of Canada, 2025 ONLAT 23-011234/AABS, the claimant applied to his insurer, Aviva, for accident benefits stemming […]

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Minor Injuries, Major Implications: Dooman Draws a Line on MIG Challenges

rpllpadmin — Tue, 02 Sep 2025 21:22:36 +0000

By Shannon Mascarenhas Dooman v. TD Insurance Co., 2025 ONSC 184, provides guidance from the Ontario Divisional Court on challenging Licence Appeal Tribunal (“LAT”) decisions under the Statutory Accident Benefits Schedule (“SABS”). Background Mr. Dooman was rear-ended in 2020 and sought accident benefits in excess of the $3,500 Minor Injury Guideline (“MIG”) cap. The LAT […]

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Divisional Court Rules that SABS Claimant Can’t Have his Tort(e) and Eat More SABS Benefits Too

rpllpadmin — Wed, 16 Jul 2025 23:07:32 +0000

By Michael Kryworuk On July 2, 2025, Justice Richard A. Lococo, writing on behalf of a panel of the Ontario Superior Court of Justice Divisional Court, released their decision in Sistermans v. CAA Insurance Co., 2025 ONSC 3809. This matter concerned an appeal and judicial review of a decision and later reconsideration decision of the […]

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Application of Ontario’s Loss Transfer Provisions to Alberta Insurer

rpllpadmin — Tue, 19 Nov 2024 13:19:02 +0000

By Kathryn Orydzuk The case of Aviva Insurance Company v. Echelon Insurance, 2024 ONSC 5921, arises out of a motor vehicle accident that involved a motorcycle insured by Echelon under a policy issued in Ontario and a Chevy Silverado insured by Aviva under a policy issued in Alberta. The accident occurred in Alberta. The driver […]

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The 2026 SABS Amendments Require Changes to Ontario’s Priority Dispute Scheme

rpllpadmin — Tue, 29 Oct 2024 15:22:23 +0000

By Jason Frost Ontario Regulation 383/24 (https://www.ontario.ca/laws/regulation/r24383) has amended the SABS for policies issued after June 30, 2026, making many of the previously standard SABS benefits only available for most persons injured in accidents in Ontario if they purchased optional benefits . With the new SABS effective July 1, 2026, more Ontarians should have optional […]

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SABS Amendments Likely to Increase Auto Insurance Premiums and Many Ontarians will not Have Access to Significant Benefits, Without any “Choice”

rpllpadmin — Mon, 21 Oct 2024 20:53:13 +0000

By Jason Frost With Ontario Regulation 383/24 (https://www.ontario.ca/laws/regulation/r24383), the Ontario Government has amended the SABS for policies issued after June 30, 2026, to remove many of the previously standard SABS benefits for most persons injured in an accident on Ontario. The impact of these changes may be catastrophic. The Amended Regulation Will Likely Harm Insureds, […]

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Fridays with Rogers Partners

rpllpadmin — Sat, 10 Aug 2024 21:45:00 +0000

At our weekly meeting, Sarah Sevier discussed the recent decision of the Ontario Court of Appeal in Morrissey v. Wawanesa Insurance Company, 2024 ONCA 602, allowing a plaintiff’s appeal, finding that both the Licence Appeal Tribunal and Division Court erred in their interpretation and application of O. Reg. 403/96, Statutory Accident Benefits Schedule – Accidents […]

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LAT TALES (Div. Ct. Edition): “Minor Injury” vs. “Subject to MIG Limits” and entitlement to s. 25 In-Home Assessments (and potentially, Attendant Care Benefits)

rpllpadmin — Wed, 21 Feb 2024 19:33:31 +0000

By Jennifer Singh This matter of Co-Operators Insurance Company v. Bennett[1] concerns an appeal by Co-operators General Insurance Company (“Co-Operators”) from a LAT decision which determined that the respondent, Helen Bennett, was eligible for funding for an attendant care benefit assessment, given that she had been removed from the Minor Injury Guideline (“MIG”) based on […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 29 Sep 2023 21:31:00 +0000

At our weekly meeting, Samuel Pevalin discussed the recent decision of the Divisional Court in Kellerman-Bernard v. Unica Insurance Company, 2023 ONSC 4423. Summary The Divisional Court ruled that an insured person is eligible to apply for catastrophic impairment (CAT) designation under the Statutory Accidents Benefit Schedule (“SABS”) whether or not they were directly involved in […]

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