The Ontario Court of Appeal in Dittman v Aviva 2017 ONCA 617 upheld the default motion judgement from Justice R.D. Gordon who found that the respondent was impaired due to an accident as defined in the Statutory Accident Benefits Schedule (O. Reg 34/10, Effective September 1, 2010) (SABS). The respondent was therefore entitled to statutory accident benefits under her insurance policy.
The Court of Appeal finds Spilt Coffee at a Drive-Through is an Insurable Accident
August 2017
Kelly Santini LLP, Ontario
