Insurer ordered to provide modified mini-van as a reasonable rehabilitation expense under No-Fault Benefits Schedule.
The insurer appealed an arbitrator's order requiring it to provide the catastrophically injured insured with a suitably modified mini-van under section 6(1)(f) of the No-Fault Benefits Schedule.
The insurer argued that transportation expenses were exhaustively covered by section 6(1)(d) and that a van was not 'necessary' for rehabilitation.
The insured cross-appealed, seeking a full-size custom van and a special award.
The Director's Delegate dismissed the insurer's appeal, finding that section 6(1)(f) authorized the provision of a motor vehicle and that a broad definition of rehabilitation included psychological adjustment and independence.
The cross-appeal for a full-size van was also dismissed, as the mini-van was deemed a reasonable expense.
The Director's Delegate refused to admit fresh evidence on the special award issue, finding it could have been adduced at the original hearing.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 1, 1992
