Citation and Parties
Licence Appeal Tribunal File Number: 25-001208/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:
Fiona Craig-Wideman
Applicant
And
Ayr Farmers Mutual Insurance Company
Respondent
DECISION
ADJUDICATORS:
Melissa Shea
Rebecca Hines
APPEARANCES:
For the Applicant:
Peter Cho, Counsel
For the Respondent:
Laura Emmett, Counsel
Court Reporter:
Prashanth Thambipillai, Network Court Reporters
HEARD: by Videoconference:
September 25, 2025
OVERVIEW
1Fiona Craig-Wideman, the applicant, was involved in an automobile accident on July 17, 2023, and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (including amendments effective June 1, 2016) (the “Schedule”). The applicant was denied benefits by the respondent, Ayr Farmers Mutual Insurance Company, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.
2The parties participated in a case conference, however, were unable to resolve the issues in dispute. The matter proceeded to a one-day videoconference hearing. The applicant testified on her own behalf as did Lisa Jackson (“Jackson”), accountant. On behalf of the respondent, we heard the testimony of Gary Annandale, adjuster and Jessy Hawley (“Hawley”), accountant.
ISSUES
3The issues to be decided in the hearing are
Is the applicant entitled to an income replacement benefit (“IRB”) in the amount of $400.00 per week from January 1, 2025 to June 30, 2025?
Is the insurer entitled to a repayment in the amount of $8,540.72, for monies paid for past IRBs from March 13, 2024 to January 6, 2025, plus any applicable interest, relating to its over payment of IRBs to the applicant?
Is the applicant entitled to interest on any overdue payment of benefits?
RESULT
4After considering the submissions of the parties and all the evidence we find:
The applicant is not entitled to IRBs in the amount of $400 per week from January 1, 2025 to June 30, 2025, or interest.
The respondent is not entitled to repayment of IRBs in the amount of $8,540.72, or interest.
Proceedural Issues
Special Award
5The respondent requested that the applicant’s claim for an award be struck as an issue in dispute because she has not provided any particulars of the award claim. It submits that the applicant did not comply with the Tribunal’s case conference report and order which ordered her to provide it with particulars of her award claim within 30 calendar days of receiving the adjuster’s log notes. The respondent argues that it has a right to know the case it must meet, and it would be procedurally unfair to allow the applicant to proceed on this issue.
6The applicant agreed that she did not provide particulars of the award claim to the respondent and submits that she did not feel that further particulars were needed.
7We struck the applicant’s claim for an award as an issue in dispute because the applicant did not provide particulars regarding her claim for an award as per the Tribunal’s order. Further, we were not provided with a reasonable explanation by the applicant regarding why she did