Licence Appeal Tribunal File Number: 21-002700/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:
Clara Gordon
Applicant
and
Intact Insurance
Respondent
DECISION
ADJUDICATOR:
Lindsay Lake, Vice-Chair
APPEARANCES:
For the Applicant:
Maria Makarova, Paralegal
For the Respondent:
Mariam Yusufi, Counsel
Heard by way of written submissions
OVERVIEW
1Clara Gordon, the applicant, was involved in an automobile accident on December 24, 2019 and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (including amendments effective June 1, 2016) (Schedule). The applicant was denied benefits by the respondent, Intact Insurance, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (Tribunal) for resolution of the dispute.
2A case conference was held on November 30, 2021 and the matter proceed to a written hearing.
ISSUES
3The issues in dispute are:
i. Are the applicant’s injuries predominantly minor as defined in s. 3 of the Schedule and therefore subject to treatment within the $3,500.00 limit and in the Minor Injury Guid