<CAT Assessment Funding>

-Section 25(1) of the SABS states reasonable fees charged for preparing an application under s. 45 for a determination of whether the insured person has sustained a catastrophic impairment, including any assessment or examination necessary for that purpose.

-The cost of CAT assessments do not come under the limits of s. 18 because they are not directly connected to medical benefits.

-The relevant past LAT and FSCO cases-

i. Henderson v. Wawanesa, 2015 FSCO 4567(“Henderson”)

ii. Do v. Guarantee, 2013 FSCO 4054

iii. Cook v. RBC General Insurance Company, 2015 FSCO 4493

iv. Machaj v. RBC General Insurance Company, 2016 ONCA 257 (“Machaj”)

v. Applicant v. TD Insurance, 2018 CanLII 13167 (ON LAT) (“Applicant v. TD”)

vi. N.S. v. Scottish & York, 2018 CanLII 81950 (ON LAT)

vii. R.M. v. Unica Insurance Inc., 2018 CanLII 132569 (ON LAT)(“RM”)