Saskatchewan Court Upholds Personal Injury Benefits Appeal via Mail

• The Saskatchewan Court of Appeal has ruled that mailing a notice of appeal within the 90-day deadline is sufficient to commence the appeal process.
• This decision clarifies the rules for appealing personal injury benefits in Saskatchewan and interprets the Automobile Accident Insurance Act (AAIA).
• Mailing a notice of appeal using regular mail can be legally sufficient, but claimants should still use tracked or registered mail to avoid any factual dispute.

The court's reasoning is grounded in what the AAIA does not say. Sections 191 and 193, which govern the commencement of appeals, use none of the words 'file,' 'serve,' or 'receive.'

A recent decision by the Saskatchewan Court of Appeal has clarified the rules for appealing personal injury benefits in the province. Maitlan Knoke, who was injured in a motor vehicle accident on September 28, 2020, received a decision letter from Saskatchewan Government Insurance (SGI) on March 4, 2023. He had until June 8, 2023, to appeal, but when he mailed his notice of appeal on June 1, 2023, it was lost in transit. Despite this, the court ruled that Knoke's mailing of the notice within the 90-day deadline was sufficient to commence the appeal process.

The decision is significant because it interprets the Automobile Accident Insurance Act (AAIA), which governs personal injury benefits in Saskatchewan. The AAIA sets out two routes for appealing SGI decisions: one through the Commission and another through a court action. However, these routes are mutually exclusive, meaning that a claimant cannot use both for the same matter. The court's decision was guided by the principle that ambiguity in a benefits-conferring statute must be resolved in favour of the insured.

The practical takeaway from this decision is clear: mailing a notice of appeal within the 90-day deadline is sufficient to commence the appeal process, even if the mail is lost in transit. This means that clients who use regular mail should be advised to also send a second copy and keep proof of mailing. The court's ruling also highlights the importance of using tracked or registered mail to avoid any factual dispute.

Lawyers advising clients on personal injury claims in Saskatchewan should note that mailing a notice of appeal within the 90-day deadline is sufficient to commence the appeal process, even if the mail is lost in transit. Clients should be advised to use tracked or registered mail to avoid any factual dispute.

Source: Original reporting via Canadian Lawyer