Applications for non-earner benefits dismissed; applicants failed to prove psychological injury from mother's accident.
The applicants, twin brothers who were 11 years old at the time, claimed non-earner benefits (NEBs) alleging they suffered psychological or mental injuries as a result of their mother's physical injuries in a 2004 motor vehicle accident.
The arbitrator found that while the applicants' lives changed after the accident, primarily due to their mother's condition and their parents' subsequent separation, they failed to prove they sustained a psychological or mental injury within 104 weeks of the accident.
Furthermore, their post-accident school performance and overall function were consistent with their pre-accident demonstrated potential.
The applications for NEBs were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 16, 2014
