Élaine Lachaîne

The applicant, who suffered a catastrophic impairment in a motor vehicle accident, sought reconsideration of a Licence Appeal Tribunal decision denying his claim for $4,689.81 in travel expenses for a family trip to Disney World.

The applicant argued the expenses were rehabilitation benefits under s. 16 of the Statutory Accident Benefits Schedule as they facilitated his reintegration into his family.

The Executive Chair denied the request for reconsideration, finding that while the trip allowed the applicant to enjoy family relationships, it did not serve a rehabilitative purpose within the meaning of s. 16(3)(l) of the Schedule.

The applicant, who sustained a catastrophic impairment in a motor vehicle accident, sought reconsideration of a Licence Appeal Tribunal decision denying his claim for $4,689.81 in travel expenses for a family trip to Disney World.

The applicant argued the expenses were rehabilitation benefits under s. 16 of the Statutory Accident Benefits Schedule as they facilitated his reintegration into his family.

The Executive Chair denied the reconsideration request, finding that while the trip allowed the applicant to enjoy family relationships before his condition worsened, it did not serve a rehabilitative purpose within the meaning of s. 16(3)(l) of the Schedule.

The applicant brought a motion to approve a $900,000 settlement for accident benefits, including a structured settlement component.

Following a previous endorsement requesting additional details on fund management, the court reviewed the revised payment schedule and guarantee period.

The court approved the financial terms but required the draft order to be revised so that structure payments are made directly to the applicant, rather than his litigation guardian, to ensure compliance with Canada Revenue Agency requirements for tax-free status.