Financial Services Commission of Ontario

Neutral Citation: 2008 ONFSCDRS 72

FSCO A07-000610

BETWEEN:

CONNIE LISOWECKI

Applicant

and

DOMINION OF CANADA GENERAL INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Jeffrey Rogers

Heard: October 22 and 24, 2007 and February 11, 12 and 13, 2008, in Thunder Bay, Ontario.

Written submissions completed on April 11, 2008.

Appearances: Ms. Lisowecki, in person

Ms. Tracy Cresswell, solicitor for Dominion of Canada General Insurance Company

Connie Lisowecki’s daughter was killed in a motor vehicle accident on October 30, 2004. Ms. Lisowecki was not involved in the accident but she was entitled to claim statutory accident benefits as a named insured under a policy issued by Dominion of Canada General Insurance Company (“Dominion”). Ms. Lisowecki applied for and received statutory accident benefits from Dominion, payable under the Schedule.¹ Disputes arose about her entitlement to further benefits. The parties were unable to resolve their disputes through mediation, and Ms. Lisowecki applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The hearing took place in Thunder Bay over 5 days in October 2007 and February 2008. By oral decision given on October 24, 2007 and a written decision dated November 14, 2007, I resolved a number of procedural issues and some substantive issues on which there were no factual disputes.

Counsel for Dominion wrote to the Director of Arbitrations on December 20, 2007 suggesting that my order contained an error in calculating Ms. Lisowecki’s net weekly income. The Director forwarded the letter to