Hutchinson v. Aviva: Courts prioritize finality when it comes to SABS

By Adam Kuciej (May 10, 2023, 9:23 AM EDT) -- Why did the Divisional Court hear the appeal alleging a denial of natural justice constituting an error of law in Hutchinson v. Aviva General Insurance Co., [2023] O.J. No. 1024 (Hutchinson) but deny the appeal and refuse the application for judicial review in Yatar v. TD Insurance Meloche Monnex, [2021] O.J. No. 2154 (Yatar)? These cases suggest that the SABS (statutory accident benefits schedule) scheme prioritizes a final disposition as long as there are no errors of law or “serious” errors of fact or mixed fact and law....