The 92-year-old appellant suffered catastrophic injuries in a motor vehicle accident and sought statutory accident benefits to modify her daughter's home, where she intended to move to receive 24-hour care.
The Licence Appeal Tribunal denied the claim, holding that the appellant first had to prove her existing condominium could not be modified.
On appeal, the Divisional Court found the LAT erred in law by imposing an unlegislated threshold and adopting an unduly narrow interpretation of 'existing home' under section 16 of the SABS.
The appeal was allowed, and the insurer was ordered to pay the claimed benefits immediately.
