Applicant barred from receiving weekly benefits because his driver's licence was suspended at the time.
The applicant was injured in a motor vehicle accident and applied for weekly benefits from the insurer.
The insurer denied the claim on the basis that the applicant's driver's licence was suspended at the time of the accident, barring him from benefits under section 17(1)(d) of the Statutory Accident Benefits Schedule.
The applicant argued that he had obtained a permanent licence and was unaware of the suspension, which he claimed was an administrative act requiring notice.
The arbitrator found that the suspension was a mandatory court order under section 216(3) of the Highway Traffic Act, making the subsequent issuance of a permanent licence void.
The arbitrator concluded that the applicant was not authorized by law to drive and was therefore barred from receiving weekly benefits, though he was awarded the expenses of the arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 7, 1995