Jorge Barroilhet v. Aviva General Insurance, 2021 CanLII 43539

Released Date: 05/17/2021

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:

Jorge Barroilhet

Applicant

and

Aviva General Insurance

Respondent

ADJUDICATOR: Lindsay Lake

APPEARANCES:

For the Applicant: Maurice Benzaquen, Counsel

For the Respondent: Danielle Ralph, Counsel

Heard by Way of Written Submissions

OVERVIEW

1The applicant, Jorge Barroilhet, was injured in an automobile accident on May 30, 2018 and sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010¹ from Aviva General Insurance, the respondent.

2The respondent denied the applicant’s claims for physiotherapy, a chronic pain assessment and a psychological assessment because it had determined that all of the applicant’s injuries fit the definition of “minor injury” as prescribed by s. 3(1)