SGI v Wuttunee

canada, canadian, case law, court opinion, canlii, skca, 2026skca100, 2026 skca 100 (canlii), 2026, skca, 100, (canlii), cacv4568; cacv4567, 2026, insurance, automobile insurance, no, fault benefits, income replacement benefits (irb), appeals under the automobile accident insurance act, entitlement assessed across multiple decision letters, relapse of bodily injury and inability to hold employment alleged, court varied judgment to add irb for additional period, one appeal dismissed, other appeal allowed, statutory interpretation, modern principle, benefit, conferring legislation, the automobile accident insurance act, s. 188, meaning of “final and conclusive” and “may be reviewed only in accordance with this division”, de novo appeals under ss. 191, 192 considered, res judicata interpretation rejected relying on schira and seib, interpretation adopted, appeal partly allowed, limitation periods, statutory time limits, appeals from insurer decision letters, the automobile accident insurance act, ss. 190, 191, whether claimant’s failure to appeal the may 2010 decision letter precluded irb entitlement for overlapping period, subsequent decision letter found to put ability to hold employment in issue, statutory bar rejected, appeal allowed, procedure, statutory appeals, de novo hearing, the automobile accident insurance act, s. 192, whether the judge was required to assess evidence led at the hearing and determine entitlement based on pleadings, scope of issues defined by statement of claim and subsequent decision letter, no deference to insurer decision, jurisdiction to make fresh determination confirmed, appeal partly allowed, evidence, appellate review, findings of fact and errors of law, whether findings on inability to return to construction labourer employment were made in the absence of evidence, relevance of evidence to period placed in issue by appealed decision letter, medical expert and assessments relied on, no “no evidence” or irrational inference shown, appeal dismissed