Category: Insured Person

The insurer sought reconsideration of the Tribunal’s decision that the claimant was a resident of Ontario at the time of the accident, and therefore an “insured person.” Executive Chair Lamoureux rejected the reconsideration. She held that the Tribunal was asked to make a determination that largely turned on the facts of the case, and that the Tribunal had not erred in finding that the claimant resided in Ontario. She also held that section 3 of the SABS was the pertinent section to consider, and that section 59 was only relevant to determining whether an insured could elect benefits in another jurisdiction. Finally, Executive Chair Lamoureux noted that the insurer was essentially asking for reconsideration on the Tribunal’s findings of fact, which was not an appropriate request.

The insurer sought reconsideration of the Tribunal’s decision that the claimant was a resident of Ontario at the time of the accident, and therefore an “insured person.” Executive Chair Lamoureux rejected the reconsideration. She held that the Tribunal was asked to make a determination that largely turned on the facts of the case, and that the Tribunal had not erred in finding that the claimant resided in Ontario. She also held that section 3 of the SABS was the pertinent section to consider, and that section 59 was only relevant to determining whether an insured could elect benefits in another jurisdiction. Finally, Executive Chair Lamoureux noted that the insurer was essentially asking for reconsideration on the Tribunal’s findings of fact, which was not an appropriate request.