Lisa Ann Armstrong

This appeal concerned proposed class actions against auto insurers for improperly deducting HST from statutory accident benefits (SABs) and against the Financial Services Commission of Ontario (FSCO) for alleged regulatory failures.

The motion judge had dismissed claims against insurers due to the exclusive jurisdiction of the Licence Appeal Tribunal (LAT) under s. 280 of the Insurance Act, but allowed claims against FSCO to proceed.

The Court of Appeal upheld this decision, confirming the LAT's exclusive jurisdiction over SAB disputes and affirming the court's jurisdiction over tort claims against the regulator.

The court also refused leave to appeal the motion judge's costs order, finding it within his discretion.

A pedestrian struck by a vehicle in 2008 received statutory accident benefits for attendant care and housekeeping until the insurer terminated them in 2010.

In 2015, after receiving a catastrophic impairment designation, the claimant reapplied for benefits.

The Tribunal and Divisional Court found the claim was out of time based on a two-year limitation period.

The Court of Appeal allowed the appeal, finding that the limitation period was subject to the rule of discoverability and was not a hard limitation period.

The court held that applying a hard limitation period would be contrary to the consumer protection purposes of the Statutory Accident Benefits Schedule and would produce an absurd result by barring claims before the claimant was eligible to make them.

The moving party sought either to have the Court of Appeal reconstitute itself as a panel of the Divisional Court to hear his appeal immediately after the appellant's appeal, or to be granted leave to intervene as a party in the appellant's appeal.

Both the moving party and the appellant were injured in motor vehicle accidents and had their statutory accident benefits claims denied.

The moving party argued that both appeals raised the same or similar issues regarding the application of the two-year limitation period for disputing the refusal of statutory accident benefits.

The court dismissed both requests, finding that allowing the moving party to bypass the Divisional Court would be improper absent compelling reasons, and that efficiency alone was insufficient justification for such an extraordinary step.

The appellant, seriously injured in a motor vehicle accident, sued her insurer for bad faith in handling her statutory accident benefits (SABs) claim, seeking punitive and exemplary damages.

The insurer had failed for approximately three years to advise the appellant or her parents that her injuries qualified as a catastrophic impairment or to inform them of available benefits.

The motion judge struck the statement of claim, finding that the Licence Appeal Tribunal (LAT) had exclusive jurisdiction under section 280 of the Insurance Act.

The Court of Appeal upheld this decision, holding that the dispute resolution provisions of the Insurance Act apply broadly to disputes concerning SABs entitlement and administration, regardless of whether the claim is characterized as one for bad faith.