-Section 25(1) of the Schedule says that the insurer shall pay for the 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.

-We have relied on several past LAT and FSCO cases that established that CAT assessments do not fall under medical and rehabilitation benefits and therefore their cost does not come from the s. 18 fund maximums.

These are:

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”)

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