Arbitrator awarded new boat and snowmobile as rehabilitation benefits but capped income replacement benefits at $400.
The applicant was injured in a snowmobile accident and sought statutory accident benefits from his insurer.
He claimed housing expenses for winter accommodation on the mainland, a new boat and snowmobile as rehabilitation benefits, and income replacement benefits exceeding the $400 weekly maximum based on business losses.
The arbitrator dismissed the claim for housing expenses, finding it was covered by a prior settlement regarding relocation.
The arbitrator granted the claim for a new boat and snowmobile, accepting medical evidence that they were necessary to reduce impact on the applicant's back and allow him to maintain his business.
The arbitrator dismissed the claim for enhanced income replacement benefits, ruling that the statutory scheme caps benefits at $400 and compensates for actual income loss, not lost economic opportunity or potential profits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 16, 2002
