Caregiver benefits denied; visiting grandparent on temporary visa was not 'residing with' the grandchild.
The applicant, who was visiting Canada from India on a visitor's visa, was injured in a motor vehicle accident and claimed caregiver benefits for looking after her grandson.
The insurer suspended her benefits after she failed to attend a rescheduled insurer's examination because she had returned to India.
The arbitrator found that the insurer properly suspended the benefits under section 37(7) of the Schedule.
Furthermore, the arbitrator held that the applicant was not entitled to caregiver benefits because her temporary visitor status meant she was not 'residing with' her grandson, she was not the primary caregiver, and she failed to establish a substantial inability to engage in pre-accident caregiving activities.
Claims for a special award and interest were consequently dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 20, 2012
