R.E. Hartman

The applicant sustained severe head injuries in a motor vehicle accident and sought statutory accident benefits for university tuition and accommodation costs as rehabilitation expenses.

The insurer denied the claims, arguing the expenses would have been incurred regardless of the accident.

The arbitrator found that the applicant's part-time university attendance and initial eight-month stay in a university residence were reasonable and necessary for her cognitive and social rehabilitation, given her post-accident deficits.

However, the arbitrator denied the claim for subsequent year-round accommodation costs in Toronto, finding them to be a personal choice rather than a necessary expense resulting from the accident.