FINANCIAL SERVICES COMMISSION OF ONTARIO
Neutral Citation: 1999 ONFSCDRS 83 FSCO A98–000200
BETWEEN:
CECILIA AMPONG and PAUL GYENI Applicants
and
ALLSTATE INSURANCE COMPANY OF CANADA Insurer
DECISION ON A PRELIMINARY ISSUE
Before: John Wilson
Heard: By written submissions on April 12, 1999, at the Offices of the Financial Services Commission of Ontario in Toronto.
Appearances: Ian A. Little for Cecilia Ampong and Paul Gyeni Sandra Scott for Allstate Insurance Company of Canada
Issues:
The Applicants, Cecilia Ampong and Paul Gyeni, were injured in a motor vehicle accident on September 19, 1996. They applied for statutory accident benefits, including physiotherapy benefits pursuant to the Schedule,1 from Allstate Insurance Company of Canada ("Allstate"). The parties were unable to resolve their disputes through mediation, and they applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The Insurer did not pay for physiotherapy expenses pursuant to section 36(4) of the Schedule, and the Applicants brought a motion, by way of a preliminary issue hearing for interim payment of the physiotherapy expenses.
The preliminary issues are:
Are each of the Applicants entitled to an interim award for payment of physiotherapy expenses from the Insurer, plus interest, pending resolution of a dispute relating to the expenses, pursuant to section 36(4) of the Statutory Accident Benefits Schedule-Accidents after December 31, 1993 and before November 1, 1996 ("the Schedule”)?
Did the Insurer unreasonably withhold payment, thereby entitling the Applicants to a special award pursuant to section 282(10) of the Insurance Act, R.S.O. 1990, c.I.8?
Result:
Mrs. Ampong and Mr. Gyeni are not entitled to an interim award of physiotherapy expenses.
Mrs. Ampong and Mr. Gyeni are not entitled at this time to a special award against the Insurer pursuant to section 282(10) of the [Insurance Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-i8/latest/