In Manitoba, an appeal of the determination of the scope of auto benefits must be made to the Queen’s Bench

A decision under s. 79(1) of the Manitoba Public Insurance Corporation Act must be appealed to the Court of Queen’s Bench.

Constantin v. Manitoba Public Insurance Corp., [2010] M.J. No. 254, August 20, 2010, Manitoba Court of Appeal, F.M. Steel and A.D. MacInnes JJ.A. and H.C. Beard J. (ad hoc)

The Manitoba Court of Appeal was asked to decide a stated case on the following question of law:

When the Manitoba Public Insurance Corporation makes a decision under s. 79(1) of the Act, does the claimant or victim have a choice between:

(a)     a right of review under s. 172 of the Act (and a subsequent appeal under s. 174); and

(b)     an appeal to the Court of Queen’s Bench under s. 79(3) of the Act?

Section 79 deals with the scope of the Manitoba Public Insurance scheme. Ultimately, based on its interpretation of the Act, the Court found that a claimant or victim who wishes to challenge a decision made under s. 79(1) of the Manitoba Public Insurance Corporation Act must do so by way of an appeal to the Court of Queen’s Bench under s. 79(3).

This case was digested by Cameron B. Elder of Harper Grey LLP.

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