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Legislation and Rules
Legislation
Section 280 of the Insurance Act says that a person with motor vehicle insurance or insurance may apply to AABS at the Licence Appeal Tribunal to resolve a dispute about an insured person's entitlement to, or amount of, a statutory motor vehicle accident benefit.
Section 268 of the Insurance Act says that every motor vehicle liability policy provides specified benefits which are set out in the Statutory Accident Benefits Schedule (SABS), a regulation made under the Insurance Act.
Sections 279-288 of the Insurance Act deal with disputes about motor vehicle accident insurance benefits.
Related Laws:
- Licence Appeal Tribunal Act
- Insurance Act
- Statutory Powers Procedure Act
- Compulsory Automobile Insurance Act
- Motor Vehicle Accident Claims Act
- Auto Insurance Rate Stabilization Act
Related Regulations:
- Statutory Accident Benefits Schedule, O. Reg. 34/10 (Effective September 1, 2010)
- Statutory Accident Benefits Schedule, O. Reg. 403/96 (Accidents on or after November 1, 1996)
- Statutory Accident Benefits Schedule, O. Reg. 776/93 (Accidents after December 31, 1993 and before November 1, 1996)
- Statutory Accident Benefits Schedule, R.R.O. 1990, Reg. 672 (Accidents before January 1, 1994)
- Statutory Accident Benefits Schedule, R.R.O. 1990, Reg. 664
What is Statutory Accident Benefits Schedule (SABS)?
AABS helps resolve claims under Ontario’s motor vehicle insurance Statutory Accident Benefits Schedule (SABS).
If you or a family member have been hurt by a motor vehicle accident, you may be entitled to claim accident benefits (also known as statutory accident benefits or no-fault benefits) under your motor vehicle insurance policy.
The Statutory Accident Benefits Schedule (SABS) is the framework that AABS uses to help you and your car insurance company reach a settlement. The SABS is a regulation under the Insurance Act that sets out the benefits and compensation that may be available to you as a driver, passenger or pedestrian if you have been hurt in an accident.
Every automobile insurance policy provides specific benefits that may include:
- Income replacement if an employed or self-employed person can’t work because of the accident;
- Childcare or other caregiver expenses, if a stay-at-home parent or other caregiver can’t care for a child or other person because of the accident;
- “Non-earner” benefits, if a person who is not employed or self-employed can’t carry on with normal life because of the accident;
- Medical treatment and rehabilitation costs that are not covered by OHIP or other disability insurance plans;
- “Attendant care” costs to help you pay for someone to look after a seriously hurt person;
- Funeral expenses and death benefits, if an insured person dies as a result of the accident;
- Payments for lost education expenses, housekeeping assistance, repair or replacement of eyeglasses or clothing damaged in an accident, and the expenses of visitors who come to see you because of the accident; or
- Case management services, to coordinate services for people who are seriously hurt in the accident.
Your insurance benefits, and the rules that apply to them, can be different depending on the date of the accident. You may also have additional benefits beyond the basic required one, if you added those benefits to your insurance policy at the time you bought it.
Rules of Practice
The Licence Appeal Tribunal Rules, 2023 (effective July 1, 2024) can be found here
Effective August 21, 2023, revised Licence Appeal Tribunal (LAT) Rules began to apply to LAT appeals.
The Application Rules Information Sheet provides information about the application of the revised LAT Rules. The Common Rules continue to apply to LAT matters for a period of time as set out in the Information Sheet and application rules.
Effective July 1, 2024, an updated version of Rule 13 will apply to LAT appeals.