B.C. v. Economical Mutual Insurance Company (16-000024)

The accident occurred while the claimant was operating a motor vehicle with an expired licence. The insurer brought a motion that the claim for IRBs must be dismissed due to the exclusion at section 31. The claimant argued that he was not aware of his licencing having expired. Vice Chair Flude agreed with the insurer that there was no mental element required for the particular exclusion at section 31(1)(a)(ii) to apply.