Rehabilitation benefit for new home construction capped at notional cost of renovating existing home.
The applicant, who sustained catastrophic injuries rendering him a tetraplegic in a motor vehicle accident, sought a rehabilitation benefit for the construction of a new home.
The parties agreed that building a new home was more reasonable than renovating the applicant's existing home.
The Tribunal considered section 16(4)(c) of the Statutory Accident Benefits Schedule, which limits the cost of a new home to the notional cost of renovating the existing home.
The Tribunal preferred the applicant's expert evidence regarding the estimated renovation costs and awarded $64,615.00 in addition to the previously approved amount.
The Tribunal also found that, as a status Indian residing on a reserve, the applicant was exempt from paying HST on the construction costs.
OLATOntario Licence Appeal TribunalNov 29, 2017
