• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Antibex Software

Clinic Software - HCAI, TELUS eClaims, WSIB eServices

  • Features
  • Pricing
  • Company
  • Support
  • Blog
  • Help
  • Contact

In the industry · April 7, 2009

SABS benefits are subject to garnishee

Ontario’s Superior Court of Justice recently ruled that payments under the Statutory Accident Benefits Schedule (SABS) may be garnisheed if the insured defaults against a creditor.

The case in question involved Vlado Serbinek who was insured by Markel Insurance Company of Canada when he was injured in a motor vehicle accident. He may become entitled to benefits under SABS, namely income replacement and benefits for medical expenses.

After Serbinek’s injury, a creditor obtained a default judgement against him for about $118,000 and served Markel with a notice of garnishment. Being unsure of the rules, Markel approached the court for clarification as to whether SABS benefits may be garnisheed.The court referred to section 7(1.1) of the Wages Act which contends that insurance payments or any other indemnity scheme provided to replace lost income because of disability are deemed to be wages, whoever administrates them. In other words, such payments are subject to garnishee. However, section 7(2) of the act exempts 80% of a person’s wages from any such seizure.

The court held that Markel must pay the creditor a portion of the monies due to Serbinek, subject to the rule that 80% of the benefits must go directly to Serbinek.

Filed Under: In the industry Tagged With: accident benefits, sabs

The Antibex Team

Primary Sidebar

Recent Posts

  • New HCAI, OHIP and Electronic Claims
  • Introducing Premium Email Service in Universal Office
  • 5 Costly Cybersecurity Mistakes and How to Fix Them
  • A Simple Breakdown of 2021 MVA Claim Guidelines in Ontario
  • 5 Best Administrative Time-Savers in Universal Office
  • New WSIB mTBI POC: Everything You Need to Know
  • InterACTION 2021: A New Way To Connect

Data Backup

IDrive Remote Backup

Start Improving Your Office Efficiency

No Credit Card. No Contract. Yes, It's Super Easy!

Start Free Trial Learn More

Footer

Company

  • About
  • Contact
  • Blog
  • Policies

Universal Office

  • Features
  • Pricing
  • Free Trial
  • Support
  • Training

Follow Along

  • Facebook
  • LinkedIn
© 2023 Antibex Computer Software, Inc. All Rights Reserved. · Privacy · Refund Policy