• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

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RBC v Field, 2016 ONSC 5584 (CanLII)

[136]                 I conclude that RBC is entitled to recover those accident benefits wrongfully paid as a result of Ms. Field’s fraudulent conduct to recover damages for civil fraud for her wilful misrepresentations.  In view of the fact that section 233 (2) states subsection (1), including the wilful making of a false statement by an insured in respect of a claim does not invalidate the payment of accident benefits under SABS, I conclude as an alternate basis for recovery that RBC is entitled to the repayment of those accident benefits that Ms. Field was not entitled to claim under section 30(1) under section 47.  In respect of applying section 47as a remedy, I do not consider that Ms. Field is entitled to the provisions of subsection 47 (3) to receive notice or to repay the accident benefits in gradual increments under subsections 47 (2)(b) or (5) by extension.  In my view, those provisions do not apply in this case by virtue of section 47 (4) because the benefits here were procured through Ms. Field’s wilful misrepresentation or fraud.

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