Plaintiff
Defendant
Facts:
Zachary Baturin, a project manager, was injured in a motor vehicle accident on October 9, 2014, in Saskatchewan. He sought income replacement benefits (IRB) from Saskatchewan Government Insurance (SGI), which classified his work as “seasonal employment,” reducing his IRB. Baturin challenged this classification, arguing that his work on the Maurice Law renovation project exceeded 12 months and should not be considered seasonal.
Legal Issues:
The key issue was whether Baturin’s employment qualified as “seasonal employment” under section 100(m) of The Automobile Accident Insurance Act (AAIA), which affects the amount of IRB awarded. The court had to determine whether to interpret the employment duration retrospectively (as argued by SGI) or prospectively (as argued by Baturin).
Court’s Analysis and Decision:
The court adopted a liberal interpretation of the AAIA, considering the entirety of the employment period. It concluded that Baturin would have likely continued working on the project for over 12 months had the accident not occurred. The court overturned SGI’s decision, finding that his employment did not meet the definition of “seasonal employment.”
Costs:
The court awarded costs to Baturin under Column 1, rejecting his claim for solicitor-and-client costs, as the issue was deemed narrow and reasonable for dispute.
Court
Court of King's Bench for SaskatchewanCase Number
QBG-SA-00499-2020Practice Area
Insurance lawAmount
Winner
PlaintiffTrial Start Date
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