The applicant was seriously injured in a motor vehicle accident and subsequently gave birth to a child.
An arbitrator awarded her nanny expenses as a rehabilitation benefit under s. 15(5)(l) of the Statutory Accident Benefits Schedule, finding as a fact that the expenses were rehabilitative.
The Director's Delegate set aside the award, holding that child care expenses could only be claimed as caregiver benefits under s. 13.
On judicial review, the Divisional Court held that the Director's Delegate's decision was patently unreasonable and incorrect in law.
The court restored the arbitrator's decision, confirming that child care expenses can be recovered as a rehabilitation benefit if they are factually found to be rehabilitative for the insured.
