William George Richardson

The insurer appealed an arbitrator's order requiring it to provide the catastrophically injured insured with a suitably modified mini-van under section 6(1)(f) of the No-Fault Benefits Schedule.

The insurer argued that transportation expenses were exhaustively covered by section 6(1)(d) and that a van was not 'necessary' for rehabilitation.

The insured cross-appealed, seeking a full-size custom van and a special award.

The Director's Delegate dismissed the insurer's appeal, finding that section 6(1)(f) authorized the provision of a motor vehicle and that a broad definition of rehabilitation included psychological adjustment and independence.

The cross-appeal for a full-size van was also dismissed, as the mini-van was deemed a reasonable expense.

The Director's Delegate refused to admit fresh evidence on the special award issue, finding it could have been adduced at the original hearing.

The Applicant suffered catastrophic injuries in a motorcycle accident, resulting in paraplegia.

He applied for no-fault benefits, including home renovations and a suitably modified motor vehicle.

The Insurer refused to provide a vehicle, arguing it was only liable for transportation costs to and from treatment.

The arbitrator held that a modified mini van was a reasonable expense resulting from the accident under section 6(1)(f) of the No-Fault Benefits Schedule, as it was necessary for the Applicant's rehabilitation and independence.

The arbitrator dismissed the Applicant's claim for a special award under section 282(10) of the Insurance Act, finding that the Insurer had not unreasonably withheld or delayed payments.