Care-giver benefits denied for services provided by a family member who did not lose income.
The applicant, an elderly pedestrian, sustained a closed head injury when struck by a vehicle.
She claimed statutory accident benefits for care-giving services provided by her daughter and travel expenses for her granddaughter.
The arbitrator found that the accident materially contributed to the applicant's cognitive impairments.
However, applying the Court of Appeal's decision in Monochino, the arbitrator held that the applicant was not entitled to care-giver benefits because her daughter did not lose income and did not qualify as a professional care-giver.
The claim for travel expenses was dismissed as the trip was not for the applicant's benefit.
The claim for a special award was also dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 6, 2001
