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ARTICLE · 08 APRIL 2014

Ontario Government’s Bill 171 Threatens Access To Justice For Personal Injury Plaintiffs

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In March of this year, the Ontario Minister of Finance Charles Sousa introduced Bill 171: Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014.

CanadaLitigation, Mediation & Arbitration
Marc Flisfeder
Marc Flisfeder
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In March of this year, the Ontario Minister of Finance Charles Sousa introduced Bill 171: Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014. The Bill proposes concerning changes to the process that an injured person must follow in order to receive accident benefits under the Statutory Accident Benefits Schedule ("SABS").

First, Bill 171 takes away the responsibility of the Financial Services Commission (FSCO) to decide SABS claims and shifts that responsibility to the License Appeal Tribunal.  FSCO currently adjudicates complex disputes about various financial services, such as insurance, credit unions, and pension benefits. The License Appeal Tribunal, on the other hand, hears appeals of diverse licensing decisions, such as liquor licenses, construction permits, and registration of commercial vehicles. The arbitrators who currently preside over FSCO have developed extensive expertise in the area of accident benefits disputes. Since there is no

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