J.M. Arthur LeFebvre

The applicant sustained a serious traumatic brain injury in a motor vehicle accident and received medical and rehabilitation benefits for ten years.

The insurer denied further benefits after the ten-year anniversary pursuant to subsection 6(3) of the Statutory Accident Benefits Schedule.

The applicant argued that her ongoing treatments should be covered under the exception for single treatments delivered in stages.

The arbitrator dismissed the claims, finding that the ongoing expenses for items such as pedicures, chiropractic care, and assistive devices were continuous series of treatments rather than a single service bridging the limitation period.

The applicant sought death benefits following the death of her partner in a motor vehicle accident, claiming they were married by native custom or that she was deemed a widow under the Indian Act, and that he was the customary adoptive parent of her daughter.

The arbitrator found that the relationship did not constitute a native marriage by custom, the declaration of widowhood under the Indian Act did not change her unmarried status for the purpose of the Insurance Act, and the deceased was not an adoptive parent.

The claims for death benefits were dismissed.