-RECONSIDERATION DECISION –> R.K. v. Aviva Insurance Canada, 2020 CanLII 94744 (ON LAT)
-The incurred hours must be paid accordance with the mandatory Guideline rates and Form 1. Thus, for the reasons above, the Adjudicator granted Aviva’s request for reconsideration.
<Overview>
- Aviva seeks reconsideration of the Licence Appeal Tribunal’s (the “Tribunal”) June
29, 2018 Order issued by Vice Chair Susan Mather.
The issue before the Tribunal was whether the applicant, R.K., was entitled under the Statutory Accidents Benefits Schedule, O. Reg. 34/10 (the “Schedule”) to payment from Aviva, R.K.’s
insurer, for attendant care benefits from October 29, 2015 to date and ongoing,
with interest and an award under Regulation 664, arising out of a motor vehicle
accident. The Tribunal found that R.K. was entitled to the benefits from October
29, 20152 to December 31, 2016, determined the amount, and granted interest,
but denied an award under Regulation 664.
2. Aviva seeks to vary the Tribunal order, by either finding R.K. is not entitled to any
amount of an attendant care benefit or by ordering a rehearing before a different
adjudicator on the question of whether R.K. has incurred the attendant care
benefit. Aviva submits “the adjudicator made a significant error of law by failing to
apply and/or incorrectly applying the Attendant Care Hourly Rate Guideline
(October 2015), Superintendent’s Guideline No. 02/15” (the “Guideline”). In effect,
Aviva argues that even if the Tribunal was correct to find that R.K. incurred the
attendant care, the quantum of the benefit ordered is not legally correct.
3. Pursuant to s. 17(2) of the Adjudicative Tribunals Accountability, Governance and
Appointments Act, 2009, S.O. 2009, c. 33, Sched. 5, the adjudicator has been delegated
responsibility to decide this matter in accordance with the applicable rules of the
Tribunal. The Aviva’s request for reconsideration was granted.
