Blogs


Accident Part 1: Automobile

What is an ‘Accident’? Part 1 of 2: Automobile The Statutory Accident Benefits Schedule (‘SABS’) requires accident benefits be paid to persons injured in an accident. 1 The SABS defines the word “accident” to mean an incident in which the use or operation of an automobile directly causes an impairment or damage.2 As you might […]

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Insurance Benefit Exclusions: Who’s not Covered?

The Statutory Accident Benefits Schedule (‘SABS’) limits the entitlement of some ‘insured persons’ to accident benefits by creating a number of exclusions.1 Exclusions disentitle insured persons from certain benefits. These benefits are: a) income replacement benefit, b) non-earner benefit, c) education benefit, d) visitor benefit, and e) housekeeping benefit. A driver is disentitled to these […]

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Insured Persons. Who is Covered?

Generally, all Ontario residents are insured with accident benefits for two reasons: A scheme of laws ensures all vehicles operated in Ontario are insured with accident benefits1. As will be seen below, if one vehicle in an accident is insured, everyone injured in the accident is likely considered an insured person for accident benefits. If […]

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Overview of Mandatory Statutory Accident Benefits

Overview of Mandatory Statutory Accident Benefits The following chart contains a summary of the primary Statutory Accident Benefits (accident benefits) that are mandatory in every car insurance policy sold in Ontario. These accident benefits are set out in the Statutory Accident Benefits Schedule1, commonly called the ‘SABS’. There are also ‘optional benefits’ set out in […]

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You and the Statutory Accident Benefits

Introduction to first-party/no-fault accident benefits To assist the reader, obscure words, or words with a specific legal meaning will be included in a glossary. In Ontario, victims of automobile accidents are generally compensated through ‘first-party’ or ‘no-fault’ insurance; because each person access their own insurer for compensation despite who causes the accident. This form of […]

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Full Compensation.. almost: Limits to an automobile victim’s right to sue in Tort

The Insurance Act1 (the act) is the primary statue regulating insurance in Ontario, including automobile insurance. It creates standardized car insurance policies. However, it also limits an automobile victim’s right to sue the wrongdoer for full compensation in a common law tort action in two key ways, both of which will be addressed in a […]

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Automobile Injury Compensation Systems… Explained

When an automobile accident happens, it may not be clear who is responsible for compensating the many possible injured victims. This post will attempt to explain in straightforward terms the general legal landscape for automobile accidents in Ontario.   After a serious automobile accident, there are generally two systems of compensation open to victims; the […]

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