Suntharalingam v. Chubb Insurance Company of Canada (20-009977)

The insurer argued that the claimant was barred from receiving accident benefits because he was entitled to WSIB and could not opt out to pursue a Court claim. Adjudicator Grant agreed, finding that the claimant had been in a single-vehicle accident, was charged in relation to the accident, and had admitted in an EUO that he had no intention of opting out of a WSIB claim. He also found that the claimant’s employer did not dispute that the claimant was an employee at the time of the accident.