https://www5.fsco.gov.on.ca/AD/4694
The Applicants have filed a motion requesting an interim Order for funding of the catastrophic (“CAT”) assessment rebuttal reports, dated November 17, 2004 (“the assessments”) for both Applicants in the amount of $26,352.00 each and their expenses of the motion.
I frame the issues in this motion as follows, taking into consideration the parties’ respective descriptions of the issues:
- Is either of the Applicants entitled to interim benefits or interim expenses pursuant to subsection 279(4.1) or subsection 282(1.1) of the Insurance Act?
- Should the Applicants be permitted to have the reports entered into evidence, in their entirety, at the arbitration hearing?
- Are the Applicants entitled to their expenses of the motion?
Result:
- The Applicants are not entitled to interim benefits or interim expenses.
- The question of whether or which of the assessments dated November 17, 2014 should be admitted into evidence at the arbitration is best left to the hearing arbitrator.
- There is no Order as to expenses at this time.
Are the Applicants entitled to interim benefits or interim expenses?
Background
On July 9, 2012 an OCF-18 treatment plan for CAT impairment determination evaluations, completed by West Side Diagnostics in the amount of $26,352.00 and an OCF-19, completed by Dr. Nguyen, chiropractor, was submitted to Dominion, presumably for both Applicants.
Dominion denied the OCF-18 and arranged for a CAT assessment for both of the Applicants. The report of North York Rehabilitation Centre, dated January 3, 2013, regarding Mr. Khan, found him to be not catastrophically impaired.[3] The report contained assessments by an orthopaedic surgeon, a psychologist and an occupational therapist, as well as a Dr. Platnick who described himself as physician. I assume a similar assessment was done of Ms. Yousef with the same result. I was not provided with a copy of that report.