CITATION: S.H. and H.S. v. Northbridge Personal Insurance Corporation, 2018 ONSC 1801
DIVISIONAL COURT FILE NO.: 630/17 and 631/17 DATE: 20180315
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
SWINTON, PARAYESKI and MATHESON JJ.
BETWEEN:
COURT FILE: 630/17
S.H.
Ryan Breedon, for the Applicant (Respondent)
Applicant (Respondent)
– and –
NORTHBRIDGE PERSONAL INSURANCE CORPORATION
David A. Zuber and Karim Hirani, for the Respondent (Appellant)
Respondent (Appellant)
COURT FILE: 631/17
AND BETWEEN:
H.S.
Ryan Breedon, for the Applicant (Respondent)
Applicant (Respondent)
– and –
NORTHBRIDGE PERSONAL INSURANCE CORPORATION Respondent (Appellant)
David A. Zuber and Karim Hirani, for the Respondent (Appellant)
HEARD at Toronto: March 15, 2018
MATHESON J. (Orally)
[1] Northbridge Personal Insurance Corporation appeals the decision of Adjudicator Flude of the Licence Appeal Tribunal, who granted two applications regarding entitlements to statutory accident benefits. One application was brought by the Respondent Mr. Hussain and the other by the Respondent Mr. Singh. The two applications arose from the same events and were heard and decided together. The decision of Adjudicator Flude was released October 3, 2017.
[2] The Appellant has a statutory right to appeal pursuant to s. 11 of the Licence Appeal Tribunal Act, 1999, S.O. 1999, c. 12, Sched. G. The right to appeal is on a question of law only.
[3] The underlying proceedings arise out of a motor vehicle accident in Newfoundland on July 12, 2013. Mr. Singh was driving a transport truck and Mr. Hussain was sleeping in the “sleeper portion” of the truck. According to Mr. Singh, he swerved to avoid a moose on the highway and lost control of the vehicle. The accident rendered both Mr. Singh and Mr. Hussain paraplegic.
[4] Mr. Singh and Mr. Hussain were entitled to Workplace Safety Insurance Act, 1997, S.O. 1997, c. 16, Sch A (“WSIA”) benefits because the accident occurred in the course of their employment. However, under that regime they could not also pursue a civil action.
[5] The Respondents retained counsel in relation to their injuries. Their counsel determined that there was a certified class action underway in Newfoundland regarding motor vehicle accidents involving moose, in which there was the prospect that the Respondents could receive higher benefits than those available through [WSIA](https://www.canlii.org/en/on/laws/stat/so-1997-c-16-sch-a/latest/so-1997-c-16