• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

Latest News Articles

16-003909 v Aviva Insurance Canada, 2017 CanLII 59502 (ON LAT)

 

[30]        I am also satisfied that the decision of the Arbitrator was not a final decision on the applicant’s future entitlement to attendant care benefits. Section 42 of the Schedule provides for ongoing applications for attendant care benefits. The Schedule recognizes that circumstances change and provides for new assessments (applications) being submitted at any time there is a change that would affect the amount of the benefit.   The attendant care benefit issue before the Arbitrator and now LAT is an ongoing issue and the applicant is entitled by s. 42(9) of the Schedule to submit new assessments of attendant care needs to the respondent  at any time there are changes that would affect the amount of benefits.  Since the applicant is designated as catastrophically impaired [20]he is entitled to submit new assessments to the respondent until such time as he has exhausted the monetary limit in the Schedule. [21]

Comments are closed.