David Bothwick

The applicant was catastrophically impaired in a snowmobile accident and sought payment for the outstanding balances of treatment plans for home modifications and a neuropsychological assessment.

The applicant argued that the remaining balance for home modifications should be deemed incurred because the respondent unreasonably withheld payment.

The Tribunal found that the respondent had paid all submitted land, construction, and building expenses for the applicant's new home, and the applicant was not entitled to the outstanding balance of the original home modification estimate.

The Tribunal also found that a comprehensive file review is an inherent component of an assessment and is subject to the $2,000 fee limit under s. 25(5) of the Schedule.

The application was dismissed.