Mahroze A. Khan

The appellant was involved in a motor vehicle accident and notified his insurer the next day that his vehicle sustained heavy damage.

He did not apply for statutory accident benefits until 17 months later, when he learned of his entitlement.

The Licence Appeal Tribunal dismissed his claim for failing to provide notice of his intention to apply for benefits within seven days under s. 32(1) of the SABS.

On appeal, the Divisional Court set aside the LAT's decision, holding that the SABS is consumer protection legislation and that notifying the insurer of the accident itself satisfies the seven-day notice requirement, triggering the insurer's obligation to inquire about injuries and provide benefit information.

The appellant appealed a Licence Appeal Tribunal decision denying her claim for catastrophic impairment and income replacement benefits following a 2015 motor vehicle accident.

The Tribunal had found that the accident was not a necessary cause of her psychological impairment and that a subsequent 2018 volleyball injury was an intervening event.

The Divisional Court dismissed the appeal, finding no extricable errors of law in the Tribunal's assessment of causation, pre-existing injuries, or the intervening event.