The insured was severely injured in a motor vehicle accident and subsequently convicted of dangerous driving.
The insurer denied Statutory Accident Benefits (SABS) after the conviction, arguing the conviction was a complete bar under s. 30(4) of O. Reg. 403/96.
The motion judge held that the insured was only excluded from receiving benefits for the period between being charged and being convicted, and that O. Reg. 403/96 governed the policy.
The Court of Appeal dismissed the insurer's appeal and the insured's cross-appeal, finding that while s. 30(4) likely contained a drafting error that failed to achieve the legislature's intent to completely bar benefits upon conviction, the language was clear and unambiguous, precluding the court from redrafting the regulation to fix the gap.
