Coban v. Allstate Insurance Company, 2026 ONSC 1925
The issue in this case was whether Mr. Coban was “employed” at the time of a motor vehicle accident, and therefore eligible for income replacement benefits under the Statutory Accident Benefits Schedule. Prior to the accident, Mr. Coban, a construction worker, had been injured on the job and was on a workers’ compensation transition programme, receiving WSIB loss of earnings benefits.
The court concluded that the LAT was incorrect in determining that Mr. Coban was not employed, even though at the time of the motor vehicle accident he was working for an architectural firm and being paid by the WSIB as part of the transition programme. “Denying benefits essentially because a person has the misfortune of being the victim of both a workplace and an automobile accident is neither reasonable nor just. For these reasons, I have concluded that the Tribunal erred in law in concluding that the appellant was not ‘employed’ within the meaning of s. 5(1) of the SABS. I am also of the view that the Tribunal’s decision was unreasonable.” (parag 38-39) The matter was remitted back to the LAT for a new hearing.