In this vlog, Mr. Andrew Leroy Rudder discusses whether or not a person not involved in an accident can meet the criteria for a catastrophic impairment as defined by the  Ontario Regulation 34/10: Statutory Accident Benefits Schedule — Effective September 1st, 2010 (SABS 34/10), under the Insurance Act, R.S.O. 1990, c. I.8. Mr. Rudder first discuss a recent Licence Appeal Decision (Kellerman-Bernard v Unica Insurance Inc., 2022 CanLII 6755 (ON LAT)), where the adjudicator initially rejected this notion. Mr. Rudder then discusses the recent Divisional Court’s decision (Kellerman-Bernard v. Unica Insurance Company, 2023 ONSC 4423 (CanLII)) to overturn the Licence Appeal Tribunal’s decision and ultimately rule in favour of a person – not involved in an accident – to meet the criteria for a catastrophic impairment designation. Mr. Rudder discusses sections 3(1), 3(2) and 45(1) of the SABS 34/10, and cases, such as: Ayr Farmers Mutual Insurance Company v. Wright, 2016 ONCA 789; Skunk v. Ketash, 2018 ONCA 450; Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65; Smith v. Co-Operator’s General Insurance Co. 2002 SCC 30 (CanLII), [2002] 2 S.C.R. 129; and Tomec v. Economical, 2019 ONCA 882, at paragraph 42., amongst others.