The recent License Appeal Tribunal decision in Amoh v.
Pembridge Insurance, 2021 ONLAT 20-001280/AABS, addresses
the issue of whether an applicant is barred from commencing a
proceeding against the respondent when the applicant fails to
comply with section 44 of the Statutory Accident Benefits
Schedule (“SABS”) by not attending insurer's
examinations (“IE's”).
The adjudicator held that the applicant was barred from
commencing a proceeding pursuant to section 55 of SABS, as a direct
result of failing to attend properly scheduled IE's.
Background
The applicant was the driver of a vehicle that was struck from
behind on December 29, 2016. As a result of the collision, the
applicant sustained injuries to his neck, shoulders and back.
Additionally, as a result of the motor vehicle accident, the
applicant claimed that he was unable to perform the essential tasks
of his self-employment. The applicant sought benefits from the
respondent, Pembridge Insurance Company,
