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Section B Benefits Payable to Some Workers Compensation Eligible Claimants in PEI

April 27, 2024

Though it reads as a clarification of the operation of a statute, the Supreme Court of Prince Edward Island’s recent decision in Field v Aviva Insurance Company carries with it the potential to impact auto insurance throughout the province. Those most directly affected are insurers and workers injured in the course of employment when the accident involves a motor vehicle. The outcome of this decision is unique to PEI. The court held that the plaintiff, Mr. Field, was entitled to Section B benifits even though he was entitled to claim compensation under the Workers Compensation Act (“WCA”).

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