On September 14, 2017, FSCO Arbitrator Benjamin Drory declared that the Minor Injury Guideline (“MIG”) insofar as it applies to “chronic pain” victims of motor vehicle accidents is unconstitutional and in violation of section 15 of the Charter of Rights and Freedoms.
The decision rendered in Abyan v. Sovereign General Insurance Company is a landmark ruling that addresses the issue of discrimination in the Statutory Accident Benefits Schedule (SABS).