Andrew P. Smith

The applicant was injured in a motor vehicle accident and sought income replacement benefits.

The respondent insurer denied the claim, arguing the applicant was excluded from coverage under paragraph 31(1)(b) of the Statutory Accident Benefits Schedule for making a material misrepresentation or intentionally failing to notify the insurer of a material risk, as he was driving a vehicle he did not own or insure.

The Tribunal found that the applicant was in the process of purchasing the vehicle and did not intentionally fail to notify the insurer.

The Tribunal concluded the exclusion did not apply and ordered the respondent to pay the income replacement benefits with interest.

The applicant's request for an award was denied as the insurer's initial denial was not unreasonable.

The applicant was injured when she fell on a city bus that accelerated before she could sit down.

The bus did not collide with anything.

The respondent denied her claim for statutory accident benefits based on the 'no crash, no claim' exception in s. 268(1.1) of the Insurance Act.

The applicant argued that because she was attempting to use priority seating, she fell under the exemption for 'special transportation facilities for persons with disabilities' in s. 224(1).

The Licence Appeal Tribunal dismissed the application, finding that priority seating is not a special transportation facility and the applicant was not receiving a special service.

Therefore, the 'no crash, no claim' exception applied.

The Minister of Finance appealed an arbitrator's decision that an Elite Insurance policy was not in force at the time of a motor vehicle accident, despite Elite's invalid non-renewal notice.

The arbitrator had found the policy automatically renewed for only a six-month term due to mutual intent to end the contractual relationship.

The Superior Court found the arbitrator's decision unreasonable, holding that Section 236(5) of the Insurance Act clearly displaces common law principles of contract renewal, meaning the policy remained in force until Elite properly discharged its statutory notice obligations.

The Minister's appeal was allowed, and Elite's cross-appeal regarding the invalidity of its non-renewal notice was dismissed.