Hagos Tesfai v. Allstate Insurance Company of Canada, 2002 ONFSCDRS 203

Financial Services Commission of Ontario

Neutral Citation: 2002 ONFSCDRS 203

FSCO A01-000695

Between:

Hagos Tesfai Applicant

and

Allstate Insurance Company of Canada Insurer

Reasons for Decision

Before: Judith Killoran

Heard: October 21 and 22, 2002, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: Allem Haile for Mr. Tesfai John D. Dean for Allstate Insurance Company of Canada

Issues:

The Applicant, Hagos Tesfai, was injured in a motor vehicle accident on May 3, 1998. He applied for and received statutory accident benefits from Allstate Insurance Company of Canada ("Allstate"), payable under the Schedule.¹ Mr. Tesfai was also injured in a motor vehicle accident on March 10, 1999 and subsequently settled his claims arising from this accident. The parties were unable to resolve their disputes through mediation, and Mr. Tesfai applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended (the "Act").

The issues in this hearing are:

1. Is Mr. Tesfai entitled to income replacement benefits of $362.30 per week from October 1, 1999 to June 26, 2000, pursuant to section 4 of the Schedule?

2. Is Mr. Tesfai entitled to $6,000 for housekeeping from May 3, 1998 to August 4, 1999, pursuant to section 22 of the Schedule?

3. Is Mr. Tesfai entitled to a gym membership of $590.64, pursuant to section 14 of the Schedule?

4. Is Mr. Tesfai liable to pay Allstate the benefits he received from Allstate, in the amount of $2,898.40, pursuant to section 47 of the Schedule?

5. Is either party liable to pay the other party's expenses in respect of the arbitration under subsection 282(11) of the Insurance Act?

Result:

1. Mr. Tesfai is not entitled to income replacement benefits from October 1, 1999 to June 26, 2000.

2. Mr. Tesfai is not entitled to housekeeping benefits from