Dr. J. Out

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs), attendant care benefits (ACBs), and medical benefits.

The Tribunal found the applicant met the post-104 week test for IRBs due to chronic pain and psychological impairments preventing him from returning to his restaurant business, though quantum was deferred.

The applicant was found entitled to ACBs but no amount was payable as the expenses were not incurred.

The Tribunal approved the occupational therapy and physiotherapy treatment plans but denied the social rehabilitation counselling plans.

Claims for an award and costs were dismissed.

The applicant sought statutory accident benefits for lost educational expenses after a motor vehicle accident prevented her from continuing her college program.

She claimed $15,153.00, primarily related to OSAP grants that were converted to loans when she withdrew.

The Licence Appeal Tribunal found that the applicant met the criteria for being unable to continue her program due to her injuries.

However, the Tribunal held that lost educational expenses are confined to expenses incurred before the accident for the specific term in which she was enrolled.

The Tribunal denied the claims for tuition, internet, telephone, and food, but awarded $862.69 for room and board (rent) incurred for January 2019 prior to the accident, plus interest.