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  • FAIR – supporting auto accident victims through advocacy and education

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Khan/Yousaf and Dominion [+] Arbitration, 2015-11-17, Reg 403/96. Motion FSCO 4694

 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:

  1. 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?
  2. Should the Applicants be permitted to have the reports entered into evidence, in their entirety, at the arbitration hearing?
  3. Are the Applicants entitled to their expenses of the motion?

Result:

  1. The Applicants are not entitled to interim benefits or interim expenses.
  2. 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.
  3. 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.

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