Supreme Court of Canada Declines to Hear Insurance Company’s Appeal of Accident Benefits Coverage

Posted April 15, 2020
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The almost seven-year long and difficult struggle of Thomson Rogers’ seriously brain injured client Mr. B is finally over.

In 2013, Mr. B was denied access to more than $2 million in medical, rehabilitation and other benefits when Belair Insurance Company refused coverage for the out-of-province ATV accident that caused his life-threatening brain injury.

Mr. B had purchased an Ontario-legislated, standard form automobile insurance policy from Belair. The policy provided statutory accident benefits coverage in the event Mr. B was injured in an “automobile” accident anywhere in Canada or the United States. Belair refused to pay accident benefits, taking the position that an ATV was not considered and “automobile” under the laws of British Columbia where the accident occurred.

Despite losses at arbitration, a first-level appeal, and an appeal to the Divisional Court, Thomson Rogers partners Ian W.K. Furlong and Robert M. Ben persevered and prevailed at the Court of Appeal.

Last week, the Supreme Court of Canada declined to hear Belair’s further appeal, finally bringing the matter to an end and securing Mr. B’s right to claim the benefits to which he has been entitled to all along.

Read the Court of Appeal’s reasons for decision HERE.