Shoabana Kugathsan

The applicant sought attendant care benefits of $2,058.90 per month following a 2018 motor vehicle accident.

In a partial rehearing, the Licence Appeal Tribunal considered competing occupational therapy assessments regarding the applicant's need for assistance with personal care, meal preparation, and hygiene.

The Tribunal rejected the respondent's position that no attendant care was required, finding that the applicant's pain, fatigue, and lack of motivation necessitated assistance.

However, the Tribunal reduced the applicant's claimed hours, finding some requests duplicative or mitigated by approved assistive devices.

The Tribunal awarded attendant care benefits of $522.30 per month from January 30, 2026, ongoing.

The applicant, who sustained a catastrophic impairment in a 2017 motor vehicle accident, sought attendant care benefits (ACBs) and various medical and rehabilitation benefits.

The Tribunal found the applicant entitled to ACBs for specific periods based on his psychological impairments, but held the benefits were not payable because the applicant failed to prove they were incurred.

The Tribunal partially approved treatment plans for social work, aquatherapy, concussion treatment, and a home renovation assessment, while denying others that were reasonably available through OHIP.

The Tribunal ordered Aviva to pay a special award of $9,041.12 under s. 10 of Regulation 664, finding that the insurer acted unreasonably and in bad faith by pre-emptively denying treatment plans and failing to comply with procedural timelines.