Sorokin v. The Wawanesa Mutual Insurance Company, (2008} 92 O.R. (3D) 314

Interest is a benefit, not a penalty

May 5, 2008

This decision by the Ontario Superior Court of Justice held that interest is a benefit and not a penalty under the Statutory Accident Benefits Schedule of the Insurance Act (Ontario). This lends authoritative support for the proposition that costs incurred to finance the cost of benefits that have been improperly terminated/denied or exhausted are recoverable against the first party or tort insurer.

Review the decision.

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