Jayesh Patel

The applicant was injured in a motor vehicle accident and deemed catastrophically impaired.

He sought ongoing statutory accident benefits for housekeeping and home maintenance, as well as a rent differential to move to a larger apartment.

The Licence Appeal Tribunal found that while the applicant suffered a substantial inability to perform his pre-accident housekeeping tasks, he failed to prove that the claimed housekeeping expenses were actually incurred.

The Tribunal also dismissed the claim for a rent differential, finding insufficient evidence that moving to a larger apartment was a reasonable and necessary medical or rehabilitation expense.

Claims for interest and an award for unreasonable delay were consequently dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits from her insurer, including medical benefits, attendant care, housekeeping expenses, and the cost of examinations.

The insurer denied most of the claims, citing suspicions about the applicant's treatment provider, Osler Rehabilitation Centre.

The arbitrator dismissed the claims for attendant care, medical benefits beyond the Pre-approved Framework, and examination costs, finding the applicant's evidence lacked credibility and failed to establish the expenses were reasonable and necessary.

However, the arbitrator granted housekeeping benefits for a limited period, noting the applicant's initial need for assistance.

The claim for a special award was dismissed, as the insurer's delay in paying housekeeping benefits was not unreasonable given the questionable nature of the initial evidence.