Security National Insurance Company v. Anderson, 2025 CanLII 78081

Citation: Security National Insurance Company v. Anderson, 2025 ONLAT 23-013419/AABS

Licence Appeal Tribunal File Number: 23-013419/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:

Security National Insurance Company

Applicant

and

Kashif Anderson

Respondent

DECISION

VICE-CHAIR: Julian DiBattista

APPEARANCES:

For the Applicant: Geoffrey Keating, Counsel

For the Respondent: Nital Gosai, Counsel

HEARD: By way of written submissions

OVERVIEW

1Kashif Anderson, the respondent, was involved in an automobile accident on June 27, 2022, and sought an income replacement benefit (“IRB”) pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (including amendments effective June 1, 2016) (the “Schedule”).

2The applicant, Security National Insurance Company (“Security National”) paid Mr. Anderson an IRB in the amount $15,428.57.

3Security National has made submissions that this payment was made in error and is seeking a repayment. The parties consent to an order for repayment.

ISSUES

4The issues in dispute are:

i. Is the applicant (insurer) entitled to a repayment of $15,317.19 relating to its payment of an income replacement benefit for the period of February 4, 2023 to August 11, 2023?

ii. Is the applicant entitled to interest on any overdue payment of benefits?

RESULT

5Security National is entitled to repayment of $15,317.19 plus interest in accordance with s. 52(5) of the Schedule.

ANALYSIS

The parties agree that Security National is entitled to repayment

6In written submissions, the applicant submits that:

The parties, on consent, request that the Tribunal issue an order that:

a. The Applicant is entitled to repayment of income replacement benefits paid in the amount of $15,428.57, plus applicable interest payable in accordance with section 52(5) of the SABS.

7The respondent consents to this order in their submissions.

8Therefore, the Tribunal issues the order below.

ORDER

9For the reasons above I find the Applicant is entitled to repayment of income replacement benefits paid in the amount of $15,428.57, plus applicable interest payable in accordance with section 52(5) of the Schedule.