Neil Colville-Reeves

The Applicant claimed $50,000 in spousal death benefits following the death of his alleged spouse in a motor vehicle accident.

The Insurer denied the claim on the basis that the Applicant and the deceased were not spouses, as the Applicant had moved out of their shared residence more than a year prior to the accident.

The Arbitrator found that the parties did not share a joint intention to separate temporarily, nor did they maintain an integrated relationship characterized by financial interdependence or shared household responsibilities.

The application for death benefits was dismissed, though the Applicant was awarded reasonable expenses for the hearing.

The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them.

The applicant sought arbitration for continued benefits, claiming she remained substantially unable to perform the essential tasks of her employment as a store manager.

The arbitrator found the applicant's evidence unreliable and preferred the results of a functional capacity evaluation which indicated she was capable of returning to work.

The arbitrator concluded the applicant was not substantially disabled and dismissed the claim for further income benefits, but awarded the applicant her expenses for the arbitration.

The Applicant was injured in a motor vehicle accident and claimed expenses for a Health Care Aide to assist her at home, arguing these were 'nursing services' under section 6(1)(a) of the Statutory Accident Benefits Schedule, which has no monthly limit.

The Insurer argued the services were 'care' benefits under section 7, subject to a $3,000 monthly limit.

The Arbitrator held that the services provided by the Health Care Aide were best described as 'care' rather than 'nursing services,' as they were primarily focused on assisting with daily tasks rather than active treatment or rehabilitation.

Therefore, the benefits were limited to $3,000 per month under section 7.