Nothing in Ontario’s Statutory Accident Benefits Schedule “expressly incorporates by reference the entirety” of the province’s Minor Injury Guideline (MIG) for auto insurance claims, but the “burden of proof” is on claimants “to establish entitlement to the appropriate level” of auto accident benefits, the province’s Divisional Court suggested in a recent ruling.
Scarlett v Belair Insurance, 2015 ONSC 3635 (CanLII) — 2015-06-05
[…] As a preliminary issue, Belair brought a motion seeking an order that Mr. Scarlett was suffering from Minor Injuries and was therefore limited in the benefits he could claim. […] LENWORTH SCARLETT […] 6. That he erred in determining that the issue of whether Mr. Scarlett‘s impairment was predominantly a minor injury should be determined only after a full arbitration hearing. […] several errors in his analysis and remitted the matter back to arbitration before a different arbitrator, for a new and full hearing on all of Mr. Scarlett‘s outstanding claims. […]