Lacroix v. Wawanesa Mutual Insurance Company, 2021 CanLII 134535

Licence Appeal Tribunal File Number: 20-004333/AABS

In the matter of an Application pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8., in relation to statutory accident benefits.

Between:

Joshua Lacroix

Applicant

and

Wawanesa Mutual Insurance Company

Respondent

ADJUDICATOR: Anita John

APPEARANCES:

For the Applicant: Joshua Lacroix, Applicant Richard Stancu, Paralegal

For the Respondent: Erica Lewin, Counsel

HEARD: By way of written submissions

BACKGROUND

1The applicant was injured in an automobile accident on January 17, 2017 and sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (the “Schedule”).¹ He was the seat belted driver of a 2003 Mazda Protégé heading westbound through a green light near William Street and Dundas Street in London, Ontario when a vehicle heading eastbound suddenly made a left turn, striking the applicant’s vehicle.

2Wawanesa Mutual Insurance denied the applicant’s claims for both psychological and physical treatment because, it determined that all of his injuries fit the definition of a “minor injury”, as prescribed by s. 3(1) of the Schedule, and therefore he fell