Kannan Kaneshan v. Coachman Insurance Company, 2008 ONFSCDRS 129

Financial Services Commission of Ontario

Neutral Citation: 2008 ONFSCDRS 129

FSCO A07-002011

BETWEEN:

KANNAN KANESHAN

Applicant

and

COACHMAN INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Robert A. Kominar

Heard: April 28, 29, 30, 2008, at the offices of the Financial Services Commission of Ontario

Appearances: Arvin Gupta, student-at-law for Mr. Kaneshan Andrew Davidson for Coachman Insurance Company

Issues:

The Applicant, Kannan Kaneshan, was injured in a motor vehicle accident on March 7, 2006. He applied for statutory accident benefits from Coachman Insurance Company ("Coachman"), payable under the Schedule.¹ Coachman denied housekeeping, caregiving and medical. The parties were unable to resolve their disputes through mediation, and Mr. Kaneshan 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 Mr. Kaneshan entitled to receive weekly caregiver benefits of $300 from March 13, 2006 to March 13, 2007 for services provided by Ms. Malani Manosingham pursuant to section 13 of the Schedule?
2. Is Mr. Kaneshan entitled to receive a medical benefit for treatment expenses incurred at Focus Rehabilitation claimed pursuant to section 14 of the Schedule?
3. Is Mr. Kaneshan entitled to $100 per week for housekeeping and home maintenance services provided by Ms. Manosingham pursuant to section 22 of the Schedule?
4. Is Coachman liable to pay Mr. Kaneshan's expenses in respect of the arbitration under section 282(11) of the Insurance Act?
5. Is Mr. Kaneshan liable to pay Coachman's expenses in respect of the arbitration under section 282(11) of the Insurance Act?
6. Is Mr. Kaneshan entitled to a special award on the basis that Coachman unreasonably withheld or delayed payments to him?
7. Is Mr. Kaneshan entitled to interest for the overdue payment of benefits pursuant to section 46(2) of the Schedule?

Result:

1. Mr. Kaneshan's claims for caregiving, housekeeping and medical benefits, interest and a special award are dismissed.
2. If the parties cannot resolve the issue of arbitration expenses within 30 days of this decision an expense hearing may be arranged through the case administrator.

EVIDENCE AND ANALYSIS:

Mr. Kaneshan was involved in a motor vehicle accident on