Applicant with conditional discharge for dangerous driving precluded from SABS benefits only until charge disposed of.
The applicant was injured in a motor vehicle accident and subsequently pled guilty to dangerous driving causing bodily harm, receiving a conditional discharge.
The insurer denied income replacement and housekeeping benefits, arguing the applicant was excluded under section 30 of the Statutory Accident Benefits Schedule.
The arbitrator found that while the applicant was not 'convicted' of a criminal offence under subsection 30(2) due to the conditional discharge, he was 'found guilty' under subsection 30(4).
Consequently, the applicant was precluded from receiving benefits from the date of the accident until the date of his conditional discharge, and any benefits held in trust for that period were to be returned to the insurer.
However, he was not precluded from receiving benefits after the charge was finally disposed of.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 15, 2014
