The plaintiff, Denis Roy, was seriously injured in a 2004 motorcycle accident, suffering physical and psychological impairments.
His insurer, Primmum Insurance Co. (referred to as TD), initially paid attendant care benefits (ACBs) and housekeeping benefits (HKBs) but later reduced and terminated them.
Roy applied for a catastrophic impairment (CAT) determination in 2010, which TD contested for over three years before conceding in 2014.
Roy then sought retroactive ACBs and HKBs, plus statutory interest, from the date of the accident.
The court found that Roy was catastrophically impaired from the date of the accident, that the claimed retroactive ACBs were reasonable and necessary, and that TD was obligated to pay statutory interest due to its failure to comply with SABS obligations and its duty of good faith.
