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        Thursday, July 29, 2010
Automobile Injury Appeal Commission
CanLII - Canadian Legal Information Institute
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Saskatchewan is Canada's sunniest province, averaging from 2,000 to 2,500 hours of sunshine annually.

If you are not satisfied with a personal injury benefits decision made by SGI under the no fault insurance system, you can appeal the decision to the Automobile Injury Appeal Commission.

You have a limited time period to file your appeal. The Appeal Commission cannot extend your appeal period under any circumstances.

In cases involving at fault drivers who at the time of the accident were non-residents, impaired, or who intentionally used a motor vehicle to cause injury, claimants have 180 days from the date of receiving SGI's written decision to file an appeal with the Commission.

In all other circumstances, claimants must file their appeal within the later of:

  1. 90 days from the date of SGI's written decision; or
  2. if mediation has been elected and is unsuccessful, 60 days from the date of the mediation completion statement.

Application forms are available from the Commission Office or online. An application fee of $75 must accompany the form.

  • Instructions for Completing the Automobile Injury Appeal Commission Application Form
  • Automobile Injury Appeal Commission Application Form
  • Certificate of Substantial Hardship
  • Application for Leave and Variation Form

The Commission can waive the application fee if the fee will cause a substantial hardship for the claimant. The Commission can refund the fee if the appeal is successful.

If a claimant is unable to conduct his or her own affairs, an appeal can be filed by someone authorized to act on the claimant's behalf.

Once you have filed your appeal, the Commission will contact both you and SGI to schedule a hearing. The Commission will provide you with written notice of the hearing date, place and time. Hearings will be conducted in Regina, Saskatoon and Prince Albert.

Hearing guidelines are provided to all parties and although are intended to assist the unrepresented claimants, serve useful to SGI and members of the bar. These guidelines discuss matters such as documentary evidence, witness testimony (including fees) and other helpful hints for the appeal hearing.

At the hearing, you will have the opportunity to present your case to the Commission. It is important that you attend the hearing. If you do not attend the hearing, the Commission may dismiss your appeal or may hear and decide the appeal in your absence.

The Commission has the authority to set aside, confirm or vary benefits decisions made by SGI.

Once the Commission has reached a decision, the Commission will provide both you and SGI with written reasons for the decision. Decisions of the Commission are binding on both you and SGI and the parties have 30 days from the date of the decision to appeal to the Court of Appeal on a question of law. Decisions of the Commission are posted on its website after the 30 day appeal period has expired.

 


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