Marc D. Isaacs

The appellant was injured in a motorcycle accident after losing control on a public highway and crashing on private property.

He did not have a motorcycle licence.

The insurer denied his claim for income replacement benefits under the 'not authorized by law to drive' exclusion in section 58(1)(d) of the Statutory Accident Benefits Schedule.

The appellant argued the exclusion did not apply because the injury occurred on private property where no licence is required.

The Director's Delegate dismissed the appeal, upholding the arbitrator's finding that the accident was an unbroken chain of events that began on the highway where a licence was required.

The applicant was injured in a motor vehicle accident and received weekly income benefits from Royal Insurance until they were terminated based on an exclusion provision.

The applicant commenced a court action against Royal for statutory accident benefits and subsequently applied for arbitration against both Royal and the Motor Vehicle Accident Claims Fund.

The arbitrator dismissed the arbitration proceeding against Royal to avoid a multiplicity of proceedings, as the court action was more comprehensive and commenced first.

The arbitration against the Fund was adjourned until the court determines the validity of Royal's exclusion defence, as the claim against the Fund would only crystallize if the exclusion defence is upheld.