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Case Summary

Leduc v. Aviva Canada Inc. (June 25, 2014), FSCO A12-001105 (Ahlfeld)

Lawyer: James M. Brown

This case involved a preliminary issue hearing to determine whether the claimant was precluded from advancing a claim for income replacement benefits under the SABS-2010 because he had been driving with a suspended licence at the time of the accident.

The claimant argued that he was unaware of any suspension because he had understood that his outstanding driving violations had been remedied.

On behalf of the insurer, James successfully established that the claimant's licence had been suspended, and defeated his attempted "due diligence" defence. James also successfully argued that the arbitrator had no jurisdiction to grant relief from forfeiture to remedy policy violation and nonetheless allow the claim to proceed.

Contact James Brown for more details or read the full decision on The FSCO site. Note: a login is required.


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