The applicant was injured in a motor vehicle accident and claimed attendant care benefits under a transitional policy.
The insurer brought a motion to determine whether the applicant was required to prove economic loss under subsection 3(7)(e) of the 2010 Schedule.
The applicant argued that his rights under the 1996 Schedule had vested at the commencement of the policy period.
The Arbitrator held that the right to benefits is contingent upon involvement in a motor vehicle accident and only vested on the date of the accident, which occurred after the 2010 Schedule came into force.
Therefore, proof of economic loss is required.
