Insured entitled to closed period of non-earner benefits; insurer failed to prove lack of consent exclusion.
The applicant sought statutory accident benefits following a motor vehicle accident where he was a passenger in a vehicle that struck a pole, resulting in a traumatic brain injury.
The respondent denied benefits, arguing the applicant was excluded under s. 31(1)(c) of the Schedule because he knew or ought to have known the driver lacked the owner's consent.
The Tribunal found the respondent failed to meet its burden to prove the exclusion applied.
The Tribunal awarded the applicant a non-earner benefit for a closed period, finding he suffered a complete inability to carry on a normal life until October 2020.
Claims for housekeeping benefits, a physiotherapy treatment plan, and a special award were dismissed.
OLATOntario Licence Appeal TribunalFeb 5, 2025
