Category: Accounting Report

Applicant v. The Co-operators (16-004674)

The claimant sought removal from the MIG, entitlement to various medical benefits, and entitlement to the cost of an accounting report. The insurer raised a preliminary issue regarding the claimant’s non-attendance at various insurer examinations. Adjudicator Treksler held that the claimant was suffering from chronic pain syndrome and psychological impairment. However, she awarded only some of the claimed medical benefits. Four treatment plans were denied due to the claimant’s failure to attend insurer examinations, and one was denied because it was incurred before a treatment plan was submitted. The cost of the accounting report was denied because the adjudicator concluded that the claimant’s entitlement to income replacement benefits was straightforward, and an accounting report was not reasonable and necessary.

P.B. v. RBC Insurance Company (16-000284)

The claimant submitted an accounting report in respect of an IRB quantum. The insurer paid $2,500.00 per section 7(5) of the SABS. The claimant sought a further amount for HST. Adjudicator Sewrattan dismissed the claim for outstanding HST. The adjudicator also dismissed the claim for costs made by the insurer, stating that cost awards are to maintain civility and order during proceedings, to deter conduct that threatens the orderly and civil resolution of an application, and to ensure that the Tribunal’s process and the other participants are respected. They are not to compensate parties for the cost of bringing or defending claims, or to punish.