Esther Atkin

The applicant, who was rendered a quadriplegic in a motor vehicle accident, sought a rehabilitation benefit of $204,130 for renovations to a newly purchased home.

The insurer had already paid $279,980, representing the estimated cost of renovating the applicant's existing rented home, which could not be renovated due to the landlord's refusal.

The applicant argued that the new home was now his 'existing home' and that the statutory limit did not apply because the rented home could not be renovated.

The arbitrator held that the rented home was the 'existing home' and that section 15(8) of the Statutory Accident Benefits Schedule limits the benefit for purchasing a new home to the cost of renovations that would have been required for the existing home.

The claim for the additional amount was dismissed.