Having only received Royal Assent on November 20, 2014, the new Bill 15, Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 (the “Act”), which effects several drastic changes to personal injury litigation in Ontario, is already being challenged on constitutional grounds. This is to no surprise as the Act was passed despite vocal opposition from Ontario lawyers. A Toronto lawyer has taken up the fight against the Act, claiming the Act is in violation of the Constitution.
The new Act will restrict accident victims to arbitration of accident benefits issues with insurers before the Licence Appeal Tribunal. Accordingly, accident victims will no longer be able to commence proceedings before the Ontario Superior Court of Justice with respect to accident benefits issues. According to the Toronto personal injury lawyer asserting the new Act is in violation of the Constitution, the restrictions violate the right to equal protection under the law regardless of disability, as afforded by the Charter.
Additionally, the Act is being challenged as being in violation of section 96 of the Constitution, which addresses the appointment of judges. This challenge is brought amidst concerns with respect to the government’s ability to appoint arbitrators to overhear accident benefits issues under the provisions of the new Act. Some believe that the Act will open the door to insurance companies attempting to lobby the government in order to appoint arbitrators who align with their interests.
An application was filed with the Ontario Superior Court of Justice this month in order to challenge the constitutional validity of the Act. This is likely the first of many future challenges with respect to Bill 15.
If you have any questions, don’t hesitate to speak to a personal injury lawyer. Simply book a free consultation or call 1-855-446-7765 for immediate assistance.
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