Neutral Citation: 1994 ONICDRG 80
File No. A-003369
ONTARIO INSURANCE COMMISSION
BETWEEN:
JEFFREY BOYES
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
DECISION
Issues:
The Applicant, Jeffrey Boyes, was injured in a motor vehicle accident on January 30, 1991. He received statutory accident benefits from the Insurer, payable under Ontario Regulation 6721. The Applicant, a high school student, was psychologically traumatized as a result of the accident. The Applicant claims that a transfer to a private boarding school was required to assist him to recover from the trauma. The Insurer disagreed that the Applicant required private boarding school because of the accident. This is the issue before me in this arbitration hearing. The Applicant also claims interest on any outstanding amounts owing, and his expenses incurred in the hearing.
Result:
The Applicant is entitled to be reimbursed for the cost of his tuition and boarding expenses at Appleby College for the school years 1992-93 and 1993-94.
The Applicant is entitled to his expenses related to the arbitration, calculated according to Ontario Regulation 664, Dispute Resolution Expenses.
The Applicant is entitled to interest on the amounts owing, according to section 24 of the Schedule.
Hearing:
The hearing was held in Hamilton, Ontario, on September 20 and 21, 1993, before me, Frederika Rotter, Senior Arbitrator.
Present at the Hearing:
Applicant:
Jeffrey Boyes
Applicant's Representative:
Paul Barrafato
Barrister and Solicitor
Insurer's Representative:
Joseph Sullivan
Barrister and Solicitor
Witnesses:
Jeffrey Boyes, Applicant
Martin Smith, M.A., Psychologist
Douglas Boyes, Applicant's Father
Penelope Boyes, Applicant's Mother
Ronald Kaplan, Ph.D., Psychologist
Berenice Mandelcorn, Ph.D, Psychologist
Documents Before the Arbitrator
Exhibits:
Exhibit 1 Applicant's Document Brief
Exhibit 2 Curriculum Vitae of J. Martin Smith, Psychotherapist
Exhibit 3: Curriculum Vitae of Dr. Ronald D. Kaplan
Exhibit 4: Curriculum Vitae of Dr. Berenice Secter Mandelcorn
Other documents on the record:
Report of mediator, dated May 3, l993
Application for appointment of an arbitrator, dated June 1, 1993
Response by insurer, dated June 24, l993
Letter confirming Pre-hearing discussions dated August 10, 1993
Cases Referred To:
Correal v. Jevco Insurance Co. (1993), O.I.C. File No. A-001994
Plows v. Jevco Insurance Co. (1992), O.I.C. File Nos. A-000175 and A-000588
Evidence and Findings:
Introduction
Jeffrey Boyes was injured in a serious motor vehicle accident on January 31, 1991. At the time of the accident, he was a fifteen year old high school student, in grade ten. He was going on a skiing holiday with his family: his father, mother and younger sister, Sarah.
The accident occurred in Ellicottville, New York. Jeffrey was a back-seat passenger in the family van, when it collided head-on with another vehicle, which had gone out of control. The driver of the other car was killed instantly.
All four members of the Boyes family were severely injured. Jeffrey Boyes sustained nerve and internal injuries, fractured his spine, and broke his left arm. He spent over three weeks in hospital. On his discharge, he was just able to walk a few steps, using a back brace and a walker. He was suffering from double vision. He had lost 30 lbs during his hospital stay - his weight dropped from 145 lbs to 115 lbs.
Jeffrey was not able to return to school that term but he successfully completed the grade ten courses he was enrolled in, with the assistance of tutors who came to his home.
By September, 1991 Jeffrey Boyes' orthopaedic injuries had healed to the point that he was able to resume most of his former physical activities with no particular complaints or distress. He was physically ready and able to return to grade 11 at his old high school, in Burlington, Ontario.
However, it appears that he had more difficulty coping with the psychological and emotional consequences of the accident. Prior to the accident, Jeffrey Boyes had been a somewhat troubled young man. He had had problems with some of the usual challenges of adolescence. However, he had been seeing a counsellor, and was making progress. The accident represented a severe setback psychologically, emotionally and socially for Jeffrey Boyes - a setback from which he had great difficulty recuperating.
Pre-Accident Status
At the hearing, much evidence was led about the Applicant's emotional, psychological and social situation prior to the accident. Jeffrey Boyes was in most respects a normal and well-functioning individual. He is academically very bright, and did very well at school. He had typical, although somewhat pronounced, adolescent concerns: he worried about his appearance and social life.
His psychological advisors testified that this pleasant and likable young man is by temperament and personality style an anxious and obsessive worrier. However, he was by no means mentally or psychiatrically ill.
By about age 14 or 15, Jeffrey Boyes was becoming increasingly obsessed and depressed by his problems. He was concerned about severe acne which he felt marred his appearance. He felt like an outsider among his peers at Aldershot High School - he was anxious and insecure in social situations, and angry at himself and others when things did not work out well for him socially.
Jeffrey Boyes testified at the hearing that his problems started in about grade 8: he was self-conscious because of his acne, and felt excluded from the "social scene". He became very anxious, withdrawn and depressed. When he came home from school he would go straight to his room and remain there all evening. He tried to keep his problems to himself and did not discuss things with his family.
His parents were concerned about their son's unhappiness and apparent lack of self-confidence and self-esteem. They observed him becoming ever more withdrawn and depressed, and felt unable to help him. They finally decided that Jeffrey would benefit from professional help in dealing with his problems. In May 1990, when he was in grade 9, they arranged for him to start seeing psychologist J. Martin Smith for regular counselling sessions.
Mr. Smith testified at the hearing. At the time of the hearing, he had a private practice in individual and family therapy. He holds an M.A. in counselling psychology and was completing the final requirements for his Ph.D. degree. Mr. Smith has considerable experience working with children and adolescents.
Mr. Smith testified that when he first met Jeffrey Boyes, he presented himself as an intensely nervous and insecure young man. He sat in a rigid and tense manner. He was extremely anxious and concerned about his personal appearance, and about his ability to connect with and relate to his peers, and please his parents.
Mr. Smith recognized Jeffrey Boyes as a very bright individual, but shy, a perfectionist and rather rigid in his thinking. Mr. Smith found him to be "passionately willing and ready" to co-operate in any way to help himself improve his situation, and felt that Jeffrey would benefit from cognitive and behavioural modification therapy. This therapy requires of subjects that they modify both their thoughts and ideas about themselves, and the way they behave and comport themselves with others.
Jeffrey Boyes started seeing Mr. Smith once a week. The evidence is that the counselling sessions were helpful - Mr. Smith suggested to his client new strategies for interacting with his peers and integrating himself into the social environment.
Jeffrey testified that he was "seeing progress" in grade 10 and feeling much better about himself. He was interacting better at home and at school: he started playing football, got involved in a martial arts club, and generally his relations with his peers were better. He stated he was looking forward to returning to school after the Christmas break.
His parents confirm that they noticed a slow but positive change in Jeffrey's behaviour and demeanour. He got "back in" with some of his old friends, and was much happier and more cheerful around the home. He had "lightened up" - he no longer scowled and sulked at the dinner table and he stopped hiding in his room so much. His parents considered it a big step that he signed up for the football team in grade 10. He went skiing with friends and socialized more.
Mr. Smith confirmed that, in his opinion, the Applicant was definitely making progress. I accept and find that by January of 1991 Jeffrey Boyes had made positive gains in terms of his social life and his feelings about himself.
Post Accident Status
The accident occurred on January 31, 1991. Jeffrey Boyes' injuries included a fractured lumbar vertebra, and a fracture of the left ulna (one of the bones in the forearm). His other injuries included a lacerated liver, and nerve injuries (right 6th nerve palsy) which resulted in diplopia (double vision) of his right eye. The diplopia persisted for about 8 months.
The other members of his family were also badly injured. His father suffered fractures to his left leg and hip. His mother had a broken left arm and sustained massive bruising to her chest and abdomen. Mrs. Boyes was recovering from a chronic fatigue syndrome, and the motor vehicle accident newly aggravated that condition. Jeffrey's sister Sarah suffered serious internal bleeding and was left with a large disfiguring scar, from her chest to her pelvis.
Jeffrey was seen at a local hospital and then transferred to the Buffalo Children's Hospital. He was investigated and stabilized there, and his left arm was placed in a cast. He was then transferred to Hamilton Civic Hospital for further treatment, including surgery to his lumbar spine. He was discharged from hospital on February 21, 1991.
The cast on his arm was removed on March 14, 1991. On March 28, 1991, the orthopaedic surgeon noted that he "ambulated with an excellent gait" and was "progressing excellently".
Although his physical recovery was excellent, mentally and psychologically Jeffrey Boyes had great difficulty recovering from the trauma. He was upset by the physical effects of the accident on his appearance, specifically his dramatic weight loss, and the nerve damage to his right eye. He was upset and shocked about the injuries his parents and sister had suffered and also upset about missing a semester at school.
His self-consciousness made him uncomfortable when friends and classmates came to visit. He reverted to his old behaviour patterns of withdrawal and obsessive worry.
Martin Smith, the therapist, testified that he first saw Jeffrey after the accident in March, 1991. He stated that when he saw him at that time the Applicant was devastated, "a wreck" - he had "bottomed out" completely. He was physically disfigured and emotionally extremely upset, depressed and labile. On a scale of depression (with 10 being "horrible") Mr. Smith described the Applicant as 10 after the accident. He stated that when he first saw Jeffrey in May 1990 he would have evaluated him as 5, in comparison.
The regular weekly counselling sessions with Mr. Smith were resumed. The Insurer started paying for the counselling. Eventually, the entire family became involved in counselling and therapy sessions with Mr. Smith, paid for by the Insurer.
Jeffrey spent the summer of 1991 vacationing and recuperating and saw Mr. Smith regularly. However, with the start of the new school year his anxiety level increased. He felt alienated from his friends and classmates, as a result of his long absence. He withdrew socially, and stopped participating in extra-curricular activities. He spent much of his time at home alone in his room.
Mr. Smith confirmed that in grade 11, Jeffrey was unable to re-establish the personal gains he had achieved prior to the accident. He remained on the margin of all social activity, obsessive, withdrawn and anxious.
Mr. Smith pointed out that the Applicant's situation was complicated by the fact that the other members of his immediate family had also been badly injured in the accident. Jeffrey's parents were coping with their own pain and injuries, and also the situation of his sister Sarah. As a result, Jeffrey's parents were not as available to him as they would otherwise have been.
Mr. Smith felt that his anxiety, withdrawal and despair had increased tenfold after the accident.
Douglas Walter Boyes, Jeffrey's father, confirmed that from September 1991 onwards, things did not go well with his son. He was not included in his old social group at school, he was generally uncomfortable with his friends and they were uncomfortable around him.
Douglas Boyes testified that things got worse and worse as the year progressed. Jeffrey was on a "downward slide" - he was extremely glum and depressed at home, and would hardly speak at all at the dinner table. After school, he would spend hours in his room crying. He did not want to go to school, and in fact missed some days, although his academic performance was not affected.
Douglas Boyes testified that by January or February 1992, things were "grim": Jeffrey was very, very depressed. In the mornings he would sometimes be physically ill and vomiting before leaving for school, according to his mother. His parents were very concerned about him - his mother feared he might be a suicide candidate. The parents started to discuss with Mr. Smith possible options and alternatives for their son. I note that, at this point, the Insurer was apparently not involved in these discussions.
It was decided that Jeffrey would benefit from changing schools, since he was not thriving at all in his current high school environment. He needed a "fresh start" with a new social group. Various possibilities were discussed, including enroling Jeffrey in another public high school in the Burlington area, and sending him to Ottawa, to live with Mrs. Boyes' family there.
Mr. Smith recommended that Jeffrey be sent to Appleby College, ("Appleby") as a boarding student. Mr. Smith testified that he was familiar with this school, and felt it would be helpful and therapeutic for Jeffrey, particularly because the residential component incorporated a strong and rigid structure that promoted socialization. He would be forced on a daily and constant basis to interact and participate with his peers.
Mr. Smith felt that the boarding aspect was crucial, because Jeffrey would be meeting a new social group, but in a context where he could not repeat his old patterns of withdrawing, going home, worrying and obsessing. Mr. Smith felt that if Jeffrey simply changed schools, he would be likely to repeat his old behaviours. In contrast, the new living situation would provide new, shared responsibilities and activities, which reinforced interpersonal contact and support.
Appleby also offered high academic standards, and an academically oriented and motivated peer group, which would be congenial for Jeffrey Boyes. It offered small classes - an environment that fostered group learning and teamwork, and strong interpersonal relationships. Students had no chance of "getting lost in the crowd". Although it is not a "therapeutic" school, Appleby designated a faculty member to serve as a personal advisor and counsellor for each student.
Appleby was also close to the Boyes' family home. Enroling there meant that Jeffrey could board during the week, and return home to his family each weekend.
For these reasons, Mr. Smith felt that Appleby was uniquely able to provide an environment where Jeffrey could progress in recovering from the psychologically traumatic effects of the motor vehicle accident.
Jeffrey Boyes and his parents accepted the advice of Mr. Smith. They decided that Jeffrey should complete his remaining two years of high school at Appleby. Douglas Boyes testified that by the end of the 1991-92 school year the family was "willing to try anything". The Boyes remortgaged their home and took out a line of credit in order to pay for the school fees. Jeffrey started at Appleby in September of 1992.
The evidence is that Jeffrey Boyes thrived at Appleby. At the hearing, he testified that his year at Appleby was his best year at school ever. He testified that he had progressed, to the point where he is much more comfortable with people, and busy and active with friends and social activities.
Jeffrey's parents corroborated this testimony. They testified that their son has "come a long, long way". Mrs. Boyes reported that after a year at Appleby, her son was much more relaxed, happy and confident. Mr. Boyes confirmed that his son was actively participating at school, in sports and social activities. He had again taken up hockey - a sport which he had stopped playing in high school. The experiment at Appleby had succeeded far beyond the family's expectations.
At the time of the hearing, Jeffrey Boyes was continuing to see Mr. Smith for counselling on a once-weekly basis. Mr. Smith's view was that Appleby had been very positive for Jeffrey and that he was doing excellently. He confirmed that Jeffrey still continues feel worried and insecure at times - this is a normal and permanent part of his personality style. But the level and extent of his anxieties are much reduced.
The Claim
The Applicant and his family claim that the Insurer should pay for two years' tuition and boarding expenses at Appleby College. The Applicant was to complete his final year of high school in 1993-94. The expense involved is approximately $21,000 per year.
The Applicant's claim is made under section 6 of the Schedule. The applicable subsections provide:
PART II
SUPPLEMENTARY MEDICAL AND REHABILITATION BENEFITS AND CARE BENEFITS
SUPPLEMENTARY MEDICAL AND REHABILITATION BENEFITS
6.--(1) The insurer will pay with respect to each insured person who sustains physical, psychological or mental injury as a result of an accident all reasonable expenses resulting from the accident within the benefit period set out in subsection (3) for,
(f) other goods and services, whether medical or non-medical in nature, which the insured person requires because of the accident.
(4) Subject to subsections (5) and (6), the insurer, before making a payment for an expense under subsection (1), may require the insured person to submit a statement signed by the insured person's qualified medical practitioner or psychological advisor stating that the expense is necessary for the insured person's treatment or rehabilitation.
It is argued on behalf of the Applicant that his attendance and residence at Appleby College is a good or service required because of the accident, and that the expense involved is a reasonable expense resulting from the accident.
It is not disputed that the requirements of subsection 4 have been complied with. Mr. Smith provided a lengthy report outlining and explaining his reasons for recommending the transfer to Appleby, and confirming that the expense is necessary for Jeffrey's treatment and rehabilitation (Exhibit 1, Tab 2).
In addition, the move to Appleby was concurred with and supported by Dr. Timothy J. Salter, Jeffrey Boyes' family physician. (Exhibit 1, Tab 1).
The move was also supported by psychologist Ron Kaplan, Ph.D., who interviewed Jeffrey and his family, administered a series of psychological tests on Jeffrey, and provided a lengthy psychological and psycho-educational assessment. Dr. Kaplan testified at the hearing. He found that Jeffrey was an insecure and socially uncomfortable young man who tended to worry obsessively, but was not suffering from any psychiatric disorder. Dr. Kaplan felt that because of his insecurities, Jeffrey was more vulnerable than most adolescents to being psychologically traumatized by the accident.
Dr. Kaplan indicated that the accident in question represented a serious stressor for Jeffrey, not only because of his own injuries, but also because all his other family members were injured. His family's ability to respond to his needs was reduced. This resulted in a situation qualitatively very different from where just one person is hurt.
Dr. Kaplan considered that the decision to change schools, made on or about March 1992, was appropriate, since at that point it was clear that Jeffrey was not making progress, and a new and more powerful therapeutic intervention was required.
Dr. Kaplan agreed that the boarding school environment at Appleby was uniquely able to respond to Jeffrey's need for a structured and supportive social environment. He confirmed that Jeffrey's pattern of obsessive worry and self-doubt is longstanding and will continue. This personality style brought about the need for therapy prior to the accident, and makes him more vulnerable in stressful situations.
Dr. Kaplan stated that while the experience at Appleby did not and cannot change Jeffrey's personality style, it has been of positive benefit to him. His behaviour and method of functioning has changed for the better, and socially he feels much more comfortable.
The Insurer's position is that the transfer to Appleby is not a reasonable expense resulting from the accident, nor required because of the accident. I note that the Insurer was at a relative disadvantage in presenting its viewpoint in this case. My understanding is that the Insurer was not consulted prior to the transfer to Appleby, and that other options for rehabilitation were not canvassed with the Insurer. Under the Schedule, the Insurer did not have the right to obtain its own independent psychiatric or psychological examination and evaluation of Jeffrey.
The Insurer's evidence consisted of a report and testimony from Berenice Mandelcorn, Ph.D. She based her opinion on her review of a number of pre-existing documents, including the clinical notes and records and reports of Mr. Smith, the notes, records and reports of Dr. Salter, and Jeffrey's school reports.
Dr. Mandelcorn indicated, at the hearing, that she considered the motor vehicle accident was a stressor that would have exacerbated Jeffrey's pre-existing condition. She agreed unequivocally that the accident did have a major impact on Jeffrey. She agreed that it was important that Jeffrey continue with his therapy after the accident. She commented, though, from her reading of Mr. Smith's notes, that ultimately Jeffrey reverted to worrying about the same kinds of things as before the accident - his friends, his appearance, and his social life.
Dr. Mandelcorn agreed that in September 1992 it was a good idea for Jeffrey to change schools - things were "stuck" for him at Aldershot, and a change of school was appropriate. However, she disagreed that he needed to be transferred to Appleby. She felt that Jeffrey did not need to be removed from his family home. She felt, rather, that he should have remained in the family environment, and that the family members should have been working together to deal with family problems.
She did not view the residential element of Jeffrey's school placement as therapeutic. She indicated that, in her view, Jeffrey required more or different therapies to learn coping skills and strategies - but she did not view his placement at Appleby as necessary or therapeutic, in this regard.
Finally, Dr. Mandelcorn commented that although Jeffrey seems much improved now, it is a fact that in any case, 2/3 of individuals with problems similar to his get better spontaneously with the passage of time. She pointed out that it is not possible to directly attribute Jeffrey's improvement to his stay in Appleby College. She felt it was equally likely he would have improved if he moved to another public school.
The Insurer submitted, based on Dr. Mandelcorn's testimony, that the transfer to Appleby does not represent a reasonable expense resulting from the accident. The Insurer's view is that the cost of about $21,000 per year is not reasonable and the placement at Appleby is not required as a result of the accident, in view of Dr. Mandelcorn's evidence that:
(1) Jeffrey had essentially the same problems and worries before and after the accident; and
(2) he would have benefitted from moving to another public school, and would likely have made the same progress.
In support of these submissions, counsel for the Insurer cited the following decisions: Correal v. Jevco Insurance Co. (1993), O.I.C. File No. A-001994 and Plows v. Jevco Insurance Co. (1992), O.I.C. File Nos. A-000175 and A-000588.
Findings
The evidence in this case is largely clear and uncontradicted: because of Jeffrey Boyes' particular psychological vulnerability, he was seriously affected by the motor vehicle accident. It represented a psychological setback from which he had difficulty recuperating. The accident left him, psychologically, significantly worse off than he had been before.
He was not making progress with ongoing therapy after the accident - rather, with time, he was declining deeper into his depressive and withdrawn behaviour. His parents and his therapist felt that a new approach was necessary. Mr. Smith considered that a transfer to a boarding school would be therapeutic, in the circumstances.
Mr. Smith felt that the supportive atmosphere and enforced socialization - elements not available in a public school setting - were the specific features that would help his client.
The issues I must determine are whether the transfer is required as a result of the accident, and whether the considerable expense entailed is reasonable.
The Insurer must provide supplementary medical and rehabilitation benefits which will restore the injured person, as closely as possible, to his or her pre-accident status. In this case, the Insurer was obliged to provide rehabilitation to the Applicant which would restore him to his pre-accident level of relative psychological well-being. He had to be helped out of the psychological "hole" he had fallen into, and back onto a path of progress and stability. The psychological counselling, for which the Insurer was paying, was not proving to be effective enough.
On the particular facts of this case, I find that the Boyes family cannot be faulted for following the advice of their psychological and medical counsellors, and transferring Jeffrey to Appleby. Their son was in crisis and they naturally were concerned for him. Something had to be done to turn the situation around. The parents took on considerable financial hardship in order to do what they were advised was best for the Applicant.
It is difficult, in hindsight, to second-guess the advice of Mr. Smith. The change of schools proved beneficial. The facilities and atmosphere at Appleby proved to be a good "fit" for the special needs of Jeffrey Boyes. Academically and socially the school provided him with the challenges and support he required. He also was able to retain his connections in the community, and return home to his family on weekends.
It may well have been that in time, and with growing maturity, Jeffrey Boyes would have improved spontaneously, as Dr. Mandelcorn suggested. However, he was not improving at the time the decision to change schools was made, and it was reasonable at that point to provide rehabilitation to help him. The rehabilitation, in this case, consisted of the transfer to Appleby, for Jeffrey's two final high school years.
After one year at Appleby he was functioning much better than he had been previously: he was happy, comfortably relating to his peers, and actively participating in social and extra-curricular activities. The rehabilitation program was successful, and I conclude that on the facts of this case - because of Jeffrey Boyes' particular vulnerability - it was required as a result of the accident.
However, the issue of the expense is of concern to me. I agree with Arbitrator D. Draper, who stated in Correal v. Jevco Insurance Co. (1993), (supra) that cost is one of the factors which must be considered in evaluating whether or not a proposed rehabilitation program is reasonable. I reiterate my comments in Plows v. Jevco Insurance Co. (supra), that an expense cannot be considered reasonable if it is excessive or exorbitant. I am troubled by the fact that the particular boarding school selected is one of the most expensive institutions in this province. It does not appear that any less costly alternatives for Jeffrey's rehabilitation were seriously explored, or discussed with the Insurer.
Although I find that the Insurer has a responsibility to provide treatment and rehabilitation for the Applicant's injuries, it may be difficult to view the funding of an expensive private school education in this context.
Most children and adolescents, whatever their psychological status, would benefit from a private education in an institution like Appleby. I am concerned about establishing a precedent that suggests that private boarding school is the appropriate therapy for young people psychologically traumatized by an accident.
In this case, the Applicant is claiming the costs of his two final years of high school, as he changed schools at the beginning of Grade 12. Would he have claimed four years' tuition if he had made the change in Grade 10? How far does the Insurer's responsibility to provide treatment and rehabilitation in connection with the effects of the accident extend in this context? The reasonableness of the expense claimed must be carefully considered.
However, cost cannot be the sole consideration. The value and efficacy of the rehabilitation program must also be weighed, and compared with alternative services available elsewhere. In this case, no comparable alternative program was identified. I conclude that, on the particular facts of this case, the cost of two years at Appleby represents a reasonable and appropriate expense resulting from the accident. Although the cost of the school program is high, in my view, the costs is not so exorbitant or excessive as to make it unreasonable having regard to the Applicant's condition after the accident, and the value and benefit of the program to him.
I therefore conclude that the Insurer is obliged to reimburse the Applicant for his tuition and boarding expenses at Appleby College, for the school years 1992-93, and 1993-94.
Expenses
Mr. Boyes claims his expenses in this arbitration. An award for expenses may be made under section 282(11) of the Insurance Act, which provides as follows:
282 (11) The arbitrator may award to the insured person such expenses incurred in respect of an arbitration proceeding as may be prescribed in the regulations to the maximum set out in the regulations.
Given Mr. Boyes' success in this matter, I conclude that he should receive his expenses, calculated according to Schedule 1 of the Dispute Resolution Practice Code and in Ontario Regulation 664, R.R.O. 1990. If the parties cannot agree on the amount of the expenses, I remain seized of this matter and either party may apply to me for an assessment of the expenses.
Order:
The Applicant is entitled to be reimbursed for the cost of his tuition and boarding expenses at Appleby College for the school years 1992-93 and 1993-94.
The Applicant is entitled to his expenses related to the arbitration, calculated according to Ontario Regulation 664, Dispute Resolution Expenses.
The Applicant is entitled to interest on the amounts owing, according to section 24 of the Schedule.
September 8, 1994
Frederika Rotter Senior Arbitrator
Date