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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:

Related Regulations:

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

Common Rules of the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission (effective October 2, 2017)

Effective October 2, 2017, the Licence Appeal Tribunal, Animal Care Review Board, and the Fire Safety Commission adopted the below Common Rules of Practice and Procedure. The Commons Rules will apply to all Tribunal proceedings filed on or after October 2, 2017.

The previous versions of the Rules will continue to apply to matters filed prior to October 2.

  • Common Rules of the LAT, ACRB, FSC (October 2017) (HTML)

Effective February 7, 2019, the following changes to the Rules include:

Rule 18: Reconsideration of a Tribunal Decision

  • Reconsideration of interlocutory decisions is no longer permitted
  • Clarification that reconsiderations will be heard in writing, as is the current practice
  • Clarification of the grounds for reconsideration
  • As permitted by the Statutory Powers Procedures Act, reconsideration requests may now be assigned to any Member of the Tribunal, including the Member who decided the matter which is the subject of the request

These changes to Rule 18 will provide more flexibility and ensure that requests for reconsiderations are processed in the most efficient manner.

  • Amended Rule 18 (PDF)

Former Rules of the Licence Appeal Tribunal (effective for cases filed between April 1, 2016 – October 1, 2017)

The below Rules of Practice were adopted by the Licence Appeal Tribunal, effective April 1, 2016. They were replaced on October 2, 2017. However, please note that these rules will continue to apply to matters filed with the Tribunal from April 1, 2016 to October 2, 2017.

  • Former Rules of the LAT (April 2016) (HTML or PDF)