Jonathan Adam Brian Schwartzman

The plaintiff was injured in a motor vehicle accident while driving a vehicle insured by the moving party, despite having a suspended driver's licence.

The other vehicle involved was uninsured.

The plaintiff sued the other driver and claimed uninsured automobile coverage from the moving party.

The moving party brought a motion for summary judgment to dismiss the claim and a cross-claim brought by the Motor Vehicle Accident Claims Fund, arguing the plaintiff breached a statutory condition by driving while suspended.

The court dismissed the motion, finding that under the Insurance Act, statutory conditions do not apply to uninsured automobile coverage unless explicitly stated in the contract, which was not the case here.

The court also held the cross-claim was not statute-barred.

The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated her weekly income replacement benefits.

The insurer relied on a Disability DAC assessment concluding she could perform alternative employment.

The arbitrator found that while the applicant was physically capable of performing the tested jobs, she suffered from a chronic pain condition and psychological impairments caused by the accident.

Relying on earlier DAC reports and psychological assessments, the arbitrator concluded that these psychological limitations rendered her completely unable to engage in any employment for which she was reasonably suited by education, training, or experience.

The deceased was killed in a motor vehicle accident.

The insurer paid a $10,000 death benefit to her mother, but refused to make an additional payment to her father, arguing the Statutory Accident Benefits Schedule provided for a single payment.

The arbitrator ordered the insurer to pay an additional $10,000 to the father.

On appeal, the Director's Delegate confirmed the arbitrator's decision, holding that each person in respect of whom the insured was a dependant is entitled to a separate $10,000 payment.

The applicant's daughter died in a motor vehicle accident.

The insurer paid a $10,000 death benefit to the deceased's mother, but denied a second $10,000 death benefit claimed by the applicant father.

The arbitrator interpreted subparagraph 25(2)(5)(i) of the Statutory Accident Benefits Schedule and found that it allows for multiple $10,000 payments to each person who qualifies as a person in respect of whom the insured was a dependant.

The arbitrator ordered the insurer to pay the applicant the $10,000 death benefit with interest.

The applicant's claim for a special award was dismissed because the law on the provision was unsettled, meaning the insurer did not unreasonably withhold payment.