Citation: Yuen v. TD General Insurance Company, 2026 ONLAT 24-012081/AABS
Licence Appeal Tribunal File Number: 24-012081/AABS
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:
John Chi-Kin Yuen
Applicant
And
TD General Insurance Company
Respondent
DECISION
ADJUDICATOR: Rebecca Hines
APPEARANCES:
For the Applicant: Ardi Deti, Paralegal
For the Respondent: Maria Bihnam, Paralegal
HEARD: By way of written submissions
OVERVIEW
1John Chi-Kin Yuen, the applicant, was involved in an automobile accident on October 16, 2021, and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (including amendments effective June 1, 2016) (the “Schedule”). The applicant was denied benefits by the respondent, TD General Insurance Company, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.
ISSUES
2The issues in dispute are:
- Are the applicant’s injuries predominantly minor as defined in s. 3 of the Schedule and therefore subject to treatment within the $3,500.00 Minor Injury Guideline (“MIG”) limit?
- Is the applicant entitled to $3,410.36 for psychological treatment, proposed by Pilowsky Psychology Professional Corp. in a treatment plan (“OCF-18”) dated September 21, 2022?
- Is the applicant entitled to $11,359.95 for chronic pain treatment, proposed by Mississauga Rehab and Sports Injury Clinic in an OCF-18 dated March 8, 2023?
- Is the applicant entitled to $2,144.93 for a psychological assessment, proposed by Pilowsky Psychology in an OCF-18 dated June 14, 2022?
- Is the applicant entitled to $2,460.00 for an orthopaedic assessment, proposed by Mississauga Rehab and Sports Injury Clinic in an O