Automobile Injury Appeal Commission

Commission Chairperson

• Thomas Schonhoffer, K.C., Regina

Board Members

• Kelly Cook, Saskatoon
• Patrick Kelly, K.C., Regina
• Joni MacKay, K.C., Saskatoon
• Walter Matkowski, Saskatoon
• Patti Pacholek, Regina
• Tim Rickard, Saskatoon
• Randall Klein, K.C., Saskatoon

If you are not satisfied with a personal injury benefits decision made by SGI under the no-fault insurance system, you can appeal the decision to the Automobile Injury Appeal Commission.

You have a limited time period to file your appeal. The Commission cannot extend your appeal period under any circumstances.

From the date that you receive SGI's written decision, you have either 90 or 180 days to file an appeal.

You have 180 days to file your appeal if, at the time of the accident, you were found to be at-fault and were:

• a non-resident of Saskatchewan;
• impaired; or
• intentionally using a motor vehicle to cause injury.

You have 90 days to file an appeal under all other circumstances.

Your 90 or 180 day window begins as of the date on SGI's written decision, or from the date of the mediation completion statement. You must include a copy of one of these documents with your appeal application.

An application fee of $75 must accompany your Application to Appeal Form. By completing a Fee Waiver Application, the Commission may decide to waive the application fee if it is deemed it will cause a substantial hardship for the claimant. If the appeal is successful, the Commission can refund the fee; this would be identified in the final written decision.

If a claimant is not able to conduct their own affairs, the appeal can be filed by an authorized third party.

Once the Appeal is Filed:

• Submit any evidence you have to the Commission as soon as possible.
• The Commission will contact you, and SGI, to schedule a hearing.
• They will provide you with a written notice of the hearing date, time and place.
• Hearings are usually held in Regina, Saskatoon or Prince Albert.
• It is important that you attend the hearing.
• If you do not attend, the Commission may dismiss your appeal, or may hear and decide the appeal in your absence.

What to Expect at the Hearing:

• You will have the opportunity to present your case to the Commission.
• You may reference relevant documents and call any witnesses.
• The Commission has the authority to set aside, confirm or vary benefit decisions made by SGI.

Once the Commission has Reached a Decision:

• The Commission will provide you and SGI with written reasons for their decision.
• Decisions of the Commission are binding on both you and SGI.
• Parties have 30 days from the date of the decision to appeal to the Court of Appeal on a question of law.
• Decisions of the Commission are posted electronically on CanLII after personal names are removed and replaced with initials.

The following publications will help you understand the appeal process and prepare for your hearing:

• How to Appeal a No Fault Insurance Personal Injury Decision
• Preparing for an Appeal Hearing
• Hearings and Decision Process

Application forms are available from the Commission office or online. An application fee of $75, or a Fee Waiver Application, must accompany the form, along with a copy of SGI's decision letter or the mediation completion statement.

The Commission primarily communicates electronically with clients. If you prefer all correspondence be mailed to you, please do not provide an email address in your application form. Once your appeal is filed, you can access your appeal documents through SharePoint. Please contact the Commission to learn more.

Appeal Applications

• Application for Appeal
• Application for Fee Waiver

Assistance

Once you file an appeal, you will have access to the SGI Appeal Advisor Program. Advisors provide free, independent advice to help you prepare your case for appeal. This program is temporarily closed expecting to reopen in late 2024.

Commission decisions are made available through the Canadian Legal Information Institute website to help you better understand your entitlement to the no-fault personal injury benefits claimed. You may also find them helpful if deciding whether to appeal Saskatchewan Government Insurance's decision.

To locate Commission decisions, please visit Canadian Legal Information Institute (CanLII).

Further information on our privacy policies:

• Personal Information Privacy Policy
• Web Posting Policy

If your circumstances change after the Commission has made a decision and the change is relevant to your injury benefits, either you or SGI can apply for a variation of the Commission's decision.

You or SGI must request the Commission's permission to proceed with a variation application. If permission to proceed is granted, you or SGI can file a variation application with the Commission. The application fee is $75.

The hearing process for variation requests is similar to the hearing process for appeals.

• Application for Leave and Variation