Insurer sent notice advising insured of termination of benefits due to return to full-time work — LAT finding notice letter met legislative requirements and application is time-barred — Whether s. 37(4) of the Statutory Accident Benefits Schedule (“SABS”) obliges insurers to include a medical reason in their notice to terminate an income replacement benefit for the insured person — Given the remedial and consumer protection purposes of the SABS, whether s. 37(4) should be interpreted broadly and liberally in favour of the insured person, or narrowly and strictly against them — Whether analogous legislation and regulation in other Canadian jurisdictions that are designed for the benefit and protection of the consumer may be interpreted narrowly and against the consumer — dismissed 10/26/2023 — Supreme Advocacy acted as agent for the Intervenor.

Read the lower court decision from the ONCA here.