Licence Appeal Tribunal File Number: 25-001836/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:
Yasmin Nur Hussein
Applicant
and
Aviva Insurance Company of Canada
Respondent
DECISION
ADJUDICATOR:
Jeff Chatterton
APPEARANCES:
For the Applicant:
Marie Kwok, Counsel
For the Respondent:
Selina Ferenac, Counsel
HEARD: In Writing
OVERVIEW
1Yasmin Nur Hussein, the applicant, was involved in an automobile accident on March 22, 2024, 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, Aviva Insurance Company of Canada, 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?
ii. Is the applicant entitled to $2,200.00 ($5,685.10 less $3,485.10 approved) for physiotherapy services, proposed by All Health Medical Centre in an OCF-18/treatment plan (“treatment plan”) dated May 6, 2024?
iii. Is the applicant entitled to $4,640.48 for physiotherapy services, proposed by HealthMax Etobicoke in a treatment plan dated August 6, 2024?
iv. Is the applicant entitled to $2,670.00 for neurological assessment, proposed by All Health Medical Centre in a treatment plan dated October 11, 2024?
v. Is the applicant entitled to $2,486.00 for an orthopaedic assessment, proposed by Mississauga Rehab in a treatment plan dated March 3, 2025?
vi. Is the applicant entitled to $21,4

