Calderon v Allstate Canada (20-013275)

The main issue in this matter was whether the claimant was barred from pursuing accident benefits due to entitlement to WSIB benefits. The adjudicator found that the claimant was statute-barred under section 61 of the SABS, which states that insurers are not required to pay benefits to individuals entitled to workers’ compensation benefits. Despite the claimant’s assertion that she pursued a tort claim, the adjudicator found that the claimant primarily opted out of WSIB benefits to claim accident benefits. The decision was based on factors including the timing of the tort claim and a lack of evidence supporting the viability of the tort claim. The Tribunal was not convinced there was a bona fide intent to commence a tort action. The application was dismissed.