G.N. v. The Guarantee Company of North America (18-007546)

The claimant sought entitlement to the cost of a capacity assessment and the cost of a court application for guardianship. Adjudicator Ferguson dismissed both claims. He held that the capacity assessment was not payable because it was not incurred within five days of the accident, so the exception at 38(2) did not apply. He also held that a court application for guardianship was not a benefit covered by the SABS, and that the Tribunal had an form for representation of persons lacking capacity.