Financial Services Commission of Ontario
Financial Services Commission des Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2012 ONFSCDRS 151
FSCO A10-001397
BETWEEN:
J.K.
Applicant
and
WAWANESA MUTUAL INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Fred Sampliner
Heard: November 14, 15, 16, 17, December 8, 2011
Appearances: David Levy for J.K. Stephen B. Macaulay for Wawanesa Mutual Insurance Company
Issues:
J.K. and Wawanesa Mutual Insurance Company (“Wawanesa”) agree that he sustained catastrophic injuries in a serious motor vehicle accident on August 13, 2008. The parties’ dispute about the amount of J.K.’s attendant care benefits under section 16 of the Schedule1 was not resolved through mediation, and the evidence was presented at an arbitration hearing 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:
What is the monthly amount of J.K.’s attendant care benefit?
Is J.K. entitled to interest on any overdue benefits?
Is either party entitled to their expenses of the arbitration?
Result:
- J.K. is entitled to $6,000 per month in attendant care benefits from April 1, 2009 to March 31, 2011, less Wawanesa’s payments, and entitled to $2,132 per month in attendant care benefits ongoing thereafter.