Skip to the content
  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases
  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases

LAT Case Law Summaries

Commercial/Tort Case Law Summaries

Back To All Case Summaries
Back To All Case Summaries

Ciyayi v. Economical Insurance Company (19-005222)

  • February 7, 2023

The claimant suffered from a non-catastrophic impairment and applied to the LAT for attendant care and medical benefits. The claimant sought repayment for both non-professional and professional attendant care services. To establish that expenses for non-professional attendant care were “incurred” under s. 3(7)(e) of the SABS, a claimant must prove that a non-professional service provider sustained an economic loss resulting from their provision of goods and services “while, and as a result of providing attendant care.” The claimant submitted that his brother, who he alleged quit his job in order to care for him, was a non-professional caretaker and sustained economic loss while providing care for him. The insurer argued that the claimant’s brother did not provide evidence indicating that he left his job to care for the claimant. Vice-Chair McGee found that the claimant failed to provide evidence showing that economic loss occurred, as the claimant’s brother quit his job prior to the accident and there was no evidence suggesting that he had otherwise foregone employment. In seeking repayment for professional attendant care, the claimant provided multiple invoices. Vice-Chair McGee held that it is impossible to determine whether professional attendant care services meet the definition of “incurred” under s. 19(3) of the SABS where a claimant fails to provide particulars regarding the nature of the professional services provided and/or the identification and occupations of the chosen service providers. Given that the claimant abstained from providing such evidence, Vice-Chair McGee rejected his claim for professional attendant care benefits. Vice-Chair McGee also concluded that the claimant failed to establish entitlement to medical benefits.

Full decision here

TGP Analysis

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vestibulum placerat ex vitae dui dignissim, in iaculis tellus venenatis. Nam aliquet mauris eros. Mauris vitae justo sit amet nisi dictum euismod in sed nisl. Donec blandit, justo eu pellentesque sodales, eros urna dignissim tortor, non imperdiet enim massa ut orci. Pellentesque id lacus viverra, consectetur neque ac, congue lorem.

PrevPrevious Case
Next CaseNext
  • FILED UNDER Attendant Care Benefits
SHARE

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com

  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
  • Careers

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP Disclaimer | Privacy Policy | Statement of Principles

Powered by Crow & Pitcher

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com