Statutory Accident Benefits Schedule, O. Reg. 34/10, ss. 15 [as am.], 19 [as am.],
45 [as am.]
MOTION for leave to amend a statement of claim.
Mary-Anne Strong, for plaintiff.
Kelly Tranquilli and Elizabeth Funduk, for defendants.
ENDORSEMENT OF RADY J.: —
 This is the plaintiff’s motion to amend his statement of
claim. The motion raises interesting issues arising from amendments in 2016 to the Insurance Act, R.S.O. 1990, c. I.8.
 The Insurance Act and Regulations were amended effective
April 1, 2016. Prior to that time, the Act and Statutory Accident
Benefits Schedule, O. Reg. 34/10 (“SABS”) permitted an insured
to dispute an insurer’s decision respecting a SAB, by applying
for mediation. If the mediation was unsuccessful, the insured
could either commence an action or proceed to arbitration with
the Financial Services Commission of Ontario (“FSCO”).
 Following the amendments, except in certain circumstances,
an insured is no longer able to resort to either the court or arbitration. Instead, an insured must apply to the Licence Appeal
Tribunal (“LAT”) for a hearing.
 The relevant sections of the Insurance Act, as amended, are
280(1) This section applies with respect to the resolution of disputes in
respect of an insured person’s entitlement to statutory accident benefits or
in respect of the amount of statutory accident benefits to which an insured
person is entitled.
(3) No person may bring a proceeding in any court with respect to a dispute
described in subsection (1), other than an appeal from a decision of the
Licence Appeal Tribunal or an application for judicial review.
 There are transitional provisions. Disputes that arose
before the transition date but had not yet been determined can be
continued through either action or arbitration, whichever mode
was previously chosen by an insured.
 The relevant transitional sections of Regulation 664 are:
21(1) A proceeding described in subsection (2) that was commenced but not
completed before the transition date is continued after that date.