1 total
Place of residence is not determinative of entitlement to statutory accident benefits for an accident in Ontario.
The applicant was injured in a motor vehicle accident in Ontario while driving a Quebec-registered vehicle.
He applied for statutory accident benefits in Ontario.
The insurer denied benefits, arguing the applicant was a resident of Quebec and must apply to the SAAQ.
On a preliminary issue, the arbitrator held that the applicant's place of residence was not determinative of his entitlement to benefits under the Ontario Schedule, as section 45(1) of the Insurance Act allows non-residents involved in accidents in Ontario to claim benefits in Ontario.
