Nassar Ghori and Musarrat Ghori v. Aviva Canada Inc., 2006 ONFSCDRS 172

Financial Services Commission of Ontario

Commission des services financiers de l’Ontario

Neutral Citation: 2006 ONFSCDRS 172

FSCO A04-001725 and A04-001726

BETWEEN:

NASSAR GHORI and MUSARRAT GHORI

Applicants

and

AVIVA CANADA INC.

Insurer

REASONS FOR DECISION

*Minor errors on pages 1, 19 and 23 corrected on November 17, 2006 in accordance with the Dispute Resolution Practice Code and section 21.1 of the Statutory Powers Procedure Act.

Before:

Judith Killoran

Heard:

November 14, 15, 16 and 17, 2005 and March 27, 28, 29, 30, 2006, at the offices of the Financial Services Commission of Ontario in Toronto.

Written submissions were received on April 21, 2006, May 23, 2006, and June 12, 2006.

Appearances:

Naresh Misir for Mr. and Mrs. Ghori

Raymond Murray for Aviva Canada Inc.

Issues:

The Applicants, Nassar and Musarrat Ghori, were injured in a motor vehicle accident on April 22, 2003. They applied for and received statutory accident benefits from Aviva Canada Inc. (" Aviva"), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation. Mr. and Mrs. Ghori 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:

For Mr. Ghori:

1. Is Mr. Ghori entitled to receive a medical benefit for the following:

(a) treatment at Metro Orthopaedic Rehabilitation (in the outstanding amount of $2,783.70); and

(b) the cost of transportation to and from this treatment facility in the amount of $693.36, pursuant to section 14 of the Schedule?

2. Is Mr. Ghori entitled to $50 per week for housekeeping and home maintenance services from April 22, 2003 to April 21, 2005 (less $350 paid by Aviva), pursuant to section 22 of the Schedule?

3. Is Aviva liable to pay Mr. Ghori's expenses in respect of the arbitration under subsection 282(11) of the Insurance Act, R.S.O. 1990, c.I.8?

4. Is Mr. Ghori liable to pay Aviva's expenses in respect of the arbitration under subsection 282(11) of the Insurance Act, R.S.O. 1990, c.I.8?

5. Is Mr. Ghori entitled to interest for the overdue payment of benefits pursuant to subsection 46(2) of the Schedule?

For Mrs. Ghori:

1. Is Mrs. Ghori entitled to receive weekly caregiver benefits at the rate of $300 per week from April 23, 2003 to October 25, 2003 and at the rate of $250 per week from October 26, 2003 to April 21, 2005, pursuant to section 13 of the Schedule?

2. Is Mrs. Ghori entitled to receive a medical benefit for the following:

(c) treatment at Metro Orthopaedic Rehabilitation (in the outstanding amount of $4,300.05); and

(d) the cost of transportation to and from this treatment facility in the amount of $1,155.60, pursuant to section 14 of the Schedule?