The plaintiff sued her insurer for bad faith, negligence, and fraud in the administration of her statutory accident benefits claim following a motor vehicle accident.
The defendant insurer brought a Rule 21 motion to strike the statement of claim, arguing the Licence Appeal Tribunal (LAT) had exclusive jurisdiction under section 280 of the Insurance Act.
The court agreed, finding that the essential character of the dispute concerned the denial of accident benefits, which falls within the exclusive jurisdiction of the LAT regardless of how the claim is legally characterized.
The statement of claim was struck without leave to amend.
