Michal C. Baura

The applicant sought payment for the cost of preparing two Treatment and Assessment Plans (OCF-18s) and the applicable HST, which the respondent insurer had denied on the basis that the costs were included in the $2,000 cap for assessments under s. 25(5) of the Statutory Accident Benefits Schedule.

The Tribunal found that, pursuant to the Superintendent's Guidelines, the fee for preparing an OCF-18 and the applicable HST are separate from and payable in addition to the fees and expenses for conducting an assessment.

The applicant's claims for the OCF-18 fees and HST were granted, but requests for a special award and costs were dismissed as the respondent's denial was based on an interpretation of the regulation and did not constitute bad faith.

The appellants appealed the dismissal of four Small Claims Court actions regarding towing and storage liens under the Repair and Storage Liens Act.

The deputy judge had dismissed the actions mid-trial on a nonsuit motion, finding the wrong parties were named.

The Divisional Court allowed the appeal, finding the deputy judge made palpable and overriding errors regarding the proper parties and erred in law by granting a nonsuit motion before the plaintiffs had completed their case and without putting the defendants to an election.

A new trial was ordered.