Automobile Injury Appeal Commission
The Automobile Injury Appeal Commission is currently closed to the public. All staff are working remotely and would be happy to assist you by telephone or email. We are still receiving mail; however, if you have a package that you would like to courier, please contact our main line at 306‑798‑5545 or 1‑866‑798‑5544 (toll-free) for further instructions.
The Automobile Injury Appeal Commission is an independent, quasi-judicial administrative tribunal responsible for hearing no-fault benefits appeals under the Personal Injury Protection Plan administered by Saskatchewan Government Insurance (SGI).
The establishment of the Commission was one of the recommendations made in 2000 by the Personal Injury Protection Plan Review Committee. The Review Committee assessed the operation of the no-fault insurance system set out in the Personal Injury Protection Plan and recommended a number of improvements to the plan.
The Review Committee concluded that an independent, specialized tribunal should be established to handle benefits appeals under the plan. As a result of the Review Committee's recommendations, the Automobile Injury Appeal Commission was established in 2002 pursuant to the provisions of The Automobile Accident Insurance Amendment Act, 2002.
1. Commission Members
Commission Chairperson
- Thomas Schonhoffer, K.C., Regina
Board Members
- Kelly Cook, Saskatoon
- Dr. Barry Heath, Saskatoon
- Patrick Kelly, K.C., Regina
- Joni MacKay, K.C., Saskatoon
- Walter Matkowski, Saskatoon
- Patti Pacholek, Regina
- Tim Rickard, Saskatoon
- Christy Stockdale, Regina
2. Appeal Process
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 Commission cannot extend your appeal period under any circumstances.
From the date that you receive SGI's written decision, you have either 90 or 180 days to file an appeal.
You have 180 days to file your appeal if, at the time of the accident, you were found to be at-fault and were:
- a non-resident of Saskatchewan;
- impaired; or
- intentionally using a motor vehicle to cause injury.
You have 90 days to file an appeal under all other circumstances.
Your 90 or 180 day window begins as of the date on SGI's written decision, or from the date of the mediation completion statement. You must include a copy of one of these documents with your appeal application.
An application fee of $75 must accompany your Application to Appeal Form. By completing a Fee Waiver Application, the Commission may decide to waive the application fee if it is deemed it will cause a substantial hardship for the claimant. If the appeal is successful, the Commission can refund the fee; this would be identified in the final written decision.
If a claimant is not able to conduct their own affairs, the appeal can be filed by an authorized third party.
Once the Appeal is Filed:
- Submit any evidence you have to the Commission as soon as possible.
- The Commission will contact you, and SGI, to schedule a hearing.
- They will provide you with a written notice of the hearing date, time and place.
- Hearings are usually held in Regina, Saskatoon or Prince Albert.
- It is important that you attend the hearing.
- If you do not attend, the Commission may dismiss your appeal, or may hear and decide the appeal in your absence.
What to Expect at the Hearing:
- You will have the opportunity to present your case to the Commission.
- You may reference relevant documents and call any witnesses.
- The Commission has the authority to set aside, confirm or vary benefit decisions made by SGI.
Once the Commission has Reached a Decision:
- The Commission will provide you and SGI with written reasons for their decision.
- Decisions of the Commission are binding on both you and SGI.
- 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 electronically on CanLII after personal names are removed and replaced with initials.
3. Appeal Information and Forms
The following publications will help you understand the appeal process and prepare for your hearing:
- How to Appeal a No Fault Insurance Personal Injury Decision
- Preparing for an Appeal Hearing
- Hearings and Decision Process
Application forms are available from the Commission office or online. An application fee of $75, or a Fee Waiver Application, must accompany the form, along with a copy of SGI's decision letter or the mediation completion statement.
The Commission primarily communicates electronically with clients. If you prefer all correspondence be mailed to you, please do not provide an email address in your application form.
Appeal Applications
Assistance
Once you file an appeal, you will have access to the Appeal Advisor Program. Advisors provide free, independent advice to help you prepare your case for appeal.
For more information, please contact:
SGI Appeal Advisor Program
Administrative Justice and Strategic Relations Division
Ministry of Justice and Attorney General
105, 122 3rd Avenue North
Saskatoon, SK S7K 2H6
Toll-free: 1-833-233-1003
Phone: 306-933-5882
4. Decisions and Privacy Policies
Commission decisions are made available through the Canadian Legal Information Institute website to help you better understand your entitlement to the no-fault personal injury benefits claimed. You may also find them helpful if deciding whether to appeal Saskatchewan Government Insurance's decision.
To locate Commission decisions, please visit Canadian Legal Information Institute (CanLII).
Further information on our privacy policies:
5. Variation
If your circumstances change after the Commission has made a decision and the change is relevant to your injury benefits, either you or SGI can apply for a variation of the Commission's decision.
You or SGI must request the Commission's permission to proceed with a variation application. If permission to proceed is granted, you or SGI can file a variation application with the Commission. The application fee is $75.
The hearing process for variation requests is similar to the hearing process for appeals.