Hodges ats Security National Insurance CompanyPosted March 4, 2016
2014 ONSC 3627; Lerners acted for the respondent, Mr. Hodges, in this judicial review application. Mr. Hodges was involved in a serious motorcycle accident. He applied to his insurer for Accident Benefits as a “catastrophically impaired” individual, but was denied this level of coverage. The parties proceeded to arbitration, and a subsequent appeal. On appeal, the Director’s Delegate of the Ontario Financial Services Commission held that the respondent met the definition of “catastrophic impairment.” The Divisional Court dismissed the application for judicial review, finding that the Director’s Delegate decision was reasonable and confirming that the respondent should be deemed catastrophically impaired.