The appellant appealed a decision of the Licence Appeal Tribunal (LAT) declining to add a claim for punitive damages to a dispute over Statutory Accident Benefits Schedule (SABS) claims.
Relying on its concurrent decision in Keulen v. Allstate Insurance Company, the Divisional Court held that the LAT does not have the authority to award punitive damages.
The appeal was dismissed with costs awarded to the respondent insurer.