Maria Bisoukis v. Royal Insurance Company of Canada, 1998 ONFSCDRS 55

Neutral Citation: 1998 ONICDRG 55, 1998 ONFSCDRS 55

OIC A96-001879

FINANCIAL SERVICES COMMISSION OF ONTARIO

Issues:

The Applicant, Maria Bisoukis, was injured in a motor vehicle accident on March 18, 1993. She applied for and received statutory accident benefits from Royal Insurance Company of Canada ("Royal"), payable under the Schedule.¹ Royal terminated weekly income benefits and housekeeping expenses after 156 weeks. Mrs. Bisoukis is seeking the reinstatement of these benefits. The parties were unable to resolve their disputes through mediation, and Mrs. Bisoukis applied for arbitration at the Financial Services Commission of Ontario² under the Insurance Act, R.S.O. 1990, c. I.8, as amended.

The issues in this hearing are:

1. Is Mrs. Bisoukis entitled to further weekly benefits beyond March 18, 1996 on the basis that her injury continuously prevents her from engaging in any occupation or employment for which she is reasonably suited by education, training or experience?

2. Is Mrs. Bisoukis entitled to an expense of $320 every two weeks for housekeeping services provided by Ms. Chanos?

3. Is Mrs. Bisoukis entitled to be reimbursed the sum of $782.27 representing prescription expenses she has incurred?

Mrs. Bisoukis also claims interest on any amounts owing and her expenses incurred in the hearing.

Result:

1. Mrs. Bisoukis is entitled to ongoing weekly benefits.

2. Mrs. Bisoukis is entitled to be reimbursed for five hours of housekeeping expenses per week.

3. Mrs. Bisoukis is entitled to prescription expenses in the amount of $782.27.

4. Mrs. Bisoukis is entitled to interest on outstanding expenses in accordance with section 24 (4) of the Schedule.

Hearing:

The hearing was held at the offices of the Financial Services Commission of Ontario in North York, Ontario, on January 5, 6, 7, and 8, and February 27, 1998, before me, Stewart M. McMahon, Arbitrator. Those present at the hearing and exhibits are set out in the Appendix to this decision.

Evidence and Findings