The Court of Appeal's decision in Yatar v. TD Insurance Meloche
Monnex, 2022 ONCA 446,
provides guidance on how judicial review should be dealt with
when a statutory right to appeal also exists. It also reinforces
the importance of limitation periods and ensuring claims are
commenced in a timely matter in the SABS context.
Background
The appellant, Ms. Yatar, was injured in a motor vehicle
accident on February 7, 2010 and brought a claim for statutory
accident benefits under the Statutory Accident Benefits
Scheme. The insurer rejected her claim, and her benefits were
terminated.
The appellant applied for mediation at the Financial Services
Commission of Ontario (FSCO) to dispute the insurer's
decision which took place between June 18, 2013, and January 14,
2014, following which she filed a Notice of Action and Statement of
Claim in 2016. That action was dismissed on consent in 2017.
