The claimant was involved in an accident in Quebec. He submitted his OCF-1 to the insurer, and elected under section 59 to receive SAAQ benefits. A disagreement arose between the claimant and the insurer as to the SAAQ benefits the claimant was entitled to. The claimant applied to the LAT. The insurer argued that the LAT did not have jurisdiction to hear the dispute, and argued that the claimant was required to apply to the Quebec tribunal. Adjudicator Flude rejected the insurer’s arguments, and held that the LAT had jurisdiction to decide the dispute. Although the claimant was receiving benefits provided by the SAAQ regime, those benefits were being paid in accordance with section 59 of the SABS. The dispute therefore fell within section 280 of the Insurance Act, which defines the LAT’s jurisdiction.
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