Financial Services Commission of Ontario
Neutral Citation: 2008 ONFSCDRS 84
FSCO A06-001588
BETWEEN:
LISA FAIZ
Applicant
and
WAWANESA MUTUAL INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Jeffrey Rogers
Heard: November 19, 20, 21 and 22, 2007 and February 6 and April 4, 2008, in Toronto, Ontario.
Appearances: Mr. Jack Parsekhian, solicitor for Ms. Faiz Mr. Neil Colville-Reeves, solicitor for Wawanesa Mutual Insurance Company
Issues:
The Applicant, Lisa Faiz, was injured in a motor vehicle accident on July 10, 2003. She applied for statutory accident benefits from Wawanesa Mutual Insurance Company (“Wawanesa”), payable under the Schedule.1 Wawanesa denied that she was entitled to the benefits claimed on the grounds that her impairment was not caused by the accident. The parties were unable to resolve their dispute through mediation, and Ms. Faiz 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:
Is Ms. Faiz entitled to receive a weekly income replacement benefit of $220.60 from July 2004 to present and ongoing, pursuant to section 4 of the Schedule?
Is Ms. Faiz entitled to receive a medical benefit of $1,815.61 for treatment by Dr. Hue-Fah as set out in a treatment plan dated March 16, 2004, pursuant to section 14 of the Schedule?
Is Ms. Faiz entitled to interest for the overdue payment of benefits pursuant to section 46(2) of the Schedule?
Is Wawanesa liable to pay a special award pursuant to subsection 282(10) of the Insurance Act because it unreasonably withheld or delayed payment of the claimed benefits to Ms. Faiz?
Is either party liable to pay the other’s expenses in respect of the arbitration, pursuant to section 282(11) of the [Insurance Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-i8/latest/rso-1990-c-i8.