Neutral Citation: 2002 ONFSCDRS 41

FSCO A00-000493

FINANCIAL SERVICES COMMISSION OF ONTARIO

BETWEEN:

HEATHER R. HEALEY

Applicant

and

PAFCO INSURANCE COMPANY LIMITED

Insurer

REASONS FOR DECISION

Before:

Anne Sone

Heard:

February 21, 2001, at the offices of the Financial Services Commission of Ontario in Toronto.

Written submissions were received on April 13, 2001.

Appearances:

Chris Argiropoulos for Ms. Healey

John D. Dean for Pafco Insurance Company Limited

Issues:

The Applicant, Heather R. Healey, was injured in a motor vehicle accident on June 1, 1998. She applied for and received statutory accident benefits from Pafco Insurance Company Limited ("Pafco"), payable under the Schedule.[1] Ms. Healey claimed she was entitled to additional income replacement benefits for work performed at Black's Equine Centre ("Black's"). Pafco disagreed. The parties were unable to resolve their disputes through mediation, and Ms. Healey applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The issues in this hearing are:

1. Is Ms. Healey entitled to receive a weekly income replacement benefit from June 8, 1998 to January 10, 1999, with respect to work she performed at Black's Equine Centre, pursuant to section 4 of the Schedule?

2. Is Ms. Healey liable to pay an amount to Pafco that does not exceed the amount assessed against Pafco in respect of the arbitration because she commenced an arbitration that is frivolous, vexatious or an abuse of process, pursuant to subsection 282(11.2) of the Insurance Act?

3. Is Pafco liable to pay a special award because it unreasonably withheld or delayed payments to Ms. Healey, pursuant to subsection 282(10) of the Insurance Act?

4. Is Pafco liable to pay Ms. Healey's expenses in respect of the arbitration under subsection 282(11) of the