TC v Personal Insurance Company of Canada

Financial Services Commission of Ontario

FSCO A13-009880

Between

T.C. Applicant

and

Personal Insurance Company of Canada Insurer

REASONS FOR DECISION

Before

Alec Fadel

Heard

July 21, 2015, in Hamilton, Ontario with written submissions completed by September 4, 2015.

Appearances

Daniel Roncari and Sumitra Lagoo for T.C.

Robert H. Rogers and Jessica Rogers for Personal Insurance Company of Canada

Overview

The Applicant, T.C., applied for and received statutory accident benefits from Personal Insurance Company of Canada ("Personal"), payable under the Schedule.¹ Her claim for accident benefits arose after her son was seriously injured in a motor vehicle accident on October 31, 2012. A dispute arose concerning the applicant's income replacement benefit that the parties were unable to resolve through mediation. The applicant therefore applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The issues in this hearing are:

1. Do the monies received by the applicant for providing attendant care services to her son constitute post-accident income that is deductible from the amount of her income replacement benefits?
2. Is interest payable on overdue benefits?
3. Is Personal required to pay a special award?
4. Is either party entitled to their expenses of the arbitration?

Result:

1. The attendant care monies being received by the applicant are not considered post-accident income.
2. Interest is payable on overdue benefits.
3. Personal is not liable to pay a special award.
4. The applicant is entitled to her expenses of the arbitration.

For more details: T.C. v. Personal Insurance Company of Canada

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