1Mohamad Irfan Zubair, the applicant, was involved in an automobile accident on June 7, 2023, 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, Belair Insurance Company Inc., and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.

ISSUES

2The issues in dispute are:

i. 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? The respondent submits that there is $16.90 remaining within the MIG limit.

ii. Is the applicant entitled to the treatments and assessments proposed by Scarborough Rehabilitation Clinic, as follows:

1. $2,645.64 for physiotherapy services, in a treatment plan submitted July 25, 2023;

2. $1,940.80 for physiotherapy services, in a treatment plan submitted April 9, 2024;

3. $2,200.00 for psychological services, in a treatment plan submitted October 4, 2023; and

4. $2,150.00 for a chronic pain assessment, in a treatment plan submitted November 25, 2023?

iii. Is the respondent liable to pay an award under s. 10 of Reg. 664 because it unreasonably withheld or delayed payments to the applicant?

iv. Is the applicant entitled to interest on any overdue payment of benefits?

RESULT

3The applicant’s injuries are predominantly minor as defined in s. 3 of the Schedule. As the applicant has, in every practical sense, exhausted the limit of the MIG, it is not necessary to analyze whether the disputed treatment plans are reasonable and necessary. The applicant is not entitled to interest. The respondent is not liable to pay an award.

PROCEDURAL ISSUES

4In its written submissions, the respondent asserted that paragraphs 5 and 6 of the applicant’s written submissions should be stricken or,