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.