Licence Appeal Tribunal File Number: 21-012279/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:
Christine Howes
Applicant
and
CAA Insurance Company
Respondent
PRELIMINARY ISSUE DECISION [AND ORDER]
ADJUDICATOR:
Tavlin Kaur
APPEARANCES:
For the Applicant:
Christine Howes, Applicant
Adriano Pranzitelli, Counsel
For the Respondent:
Derek Ballard, Counsel
Gayle Nairn, AB Specialist
Heard in writing
OVERVIEW
1The applicant, Christine Howes, claimed entitlement to accident benefits from the respondent, CAA Insurance Company, arising out of an incident that occurred on February 3, 2019. The applicant was denied certain benefits by the respondent and submitted an application to the Licence Appeal Tribunal-Automobile Accident Benefits Services (“Tribunal”). The respondent raised a preliminary issue of whether the applicant was “involved” in the accident as it is defined in the Statutory Accident Benefits Schedule – Effective September 1, 2010, O. Reg. 34/10 (the “Schedule”). This hearing will consider this question.
ISSUE
2The issue in dispute is:
i. Was the applicant an insured person involved in