The defendant insurer brought a motion to strike the plaintiff’s statement of claim seeking a declaration that she met the disability test for income replacement benefits under the Statutory Accident Benefits Schedule.
The insurer had already accepted the plaintiff’s disability and was paying benefits, and no mediation had been sought under the Insurance Act dispute resolution scheme.
The court held that declaratory relief could not be used to bypass the mandatory mediation provisions governing disputes over statutory accident benefits.
As there was no existing dispute and the claim sought pre‑emptive relief, the action was premature and disclosed no reasonable cause of action.
The statement of claim was struck.
