Interim benefits for past attendant care denied due to lack of urgency and compelling case.
The applicant, who sustained a serious brain injury after being struck by a dump truck as a pedestrian, brought a motion for interim benefits pending arbitration.
The insurer agreed to pay ongoing attendant care, housing, and assistive devices.
The arbitrator declined to order interim benefits for past attendant care, finding that the applicant had not demonstrated a compelling case or urgency, as there was no evidence that anyone was waiting to be paid for past care.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 24, 2012