Recent amendment to SABS being used as ‘old rules-new rules’ bargaining chip

Yet again the insurance industry has been thwarted in its attempt to retrospectively apply insurer friendly legislative changes to ongoing claims.

The issue of the retrospective application of legislative changes was again before the court in the context of automobile insurance rights in Davis v. Wawanesa Mutual Insurance Company [2015] ONSC 6624.

In Davis, Madam Justice Elizabeth Quinlan of the Ontario Superior Court of Justice determined that the February 1, 2014 change to the definition of ‘incurred’ in the Ontario Statutory Accident Benefit Schedule (SABS) only applies to accidents occurring on or after that date.

Read full article: Attempt to apply legislation retrospectively fails