M. J. v. Aviva General Insurance, 2017 CanLII 85691

Date: 2017-12-06

Tribunal File Number: 17-002229/AABS

Case Name: 17-002229 v Aviva General Insurance

In the matter of an Application pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8., in relation to statutory accident benefits.

Between:

M. J.

Applicant

and

Aviva General Insurance

Respondent

DECISION

ADJUDICATORS: Brian Norris Deborah Neilson

APPEARANCES:

For the Applicant: M. J., applicant David Jose, counsel

For the Respondent: Tiffany McCelland, representative for the respondent Brian Yung, counsel

Interpreter (Tagalog): Christina Amigleo

HEARD: In person on November 28, 2017

OVERVIEW

1The applicant was injured in an automobile accident on July 1, 2014 and sought benefits from the respondent pursuant to Ontario Regulation 34/10: Statutory Accident Benefits Schedule – Effective September 1, 2010 (the “Schedule”).

2The applicant disagreed with the respondent’s decision to deny certain benefits and submitted an application to the Licence Appeal Tribunal – Automobile Accident Benefits Service (the “Tribunal”).

ISSUES:

3The disputed claims in this hearing are:

a. Is the applicant entitled to receive a weekly income replacement benefit in the amount of $400.00 per week for the period July 23, 206 to-date and ongoing?

b. Is the applicant entitled to attendant care benefits in the amounts of;

i. $1,635.76 per month for the period July 25, 2014 to March 27, 2015? And

ii. $837.48 per month for the period March 28, 2015 to May 31, 2015?

c. Is the applicant entitled to payment for the cost of examinations in the amount of $8,800.00 for assessments recommended by HAL Disability in a treatment plan dated February 2, 2017, denied by the respondent February 28, 2017?

RESULT

4After the commencement of the hearing, the applicant withdrew the application. Accordingly, the Tribunal file will be closed.