J.W. v. Wawanesa Insurance (18-003407)

The claimant suffered catastrophic injuries in Quebec in 2000. She elected to receive no fault benefits under the Quebec SAAQ. Over time, Ontario had raised its hourly rates for service providers, while Quebec’s hourly rates remained lower. The claimant argued that despite receiving Quebec no fault benefits, she should be entitled to payment at the Ontario hourly rates for service providers. Adjudicator Flude rejected the claimant’s position, holding that once she had elected to receive Quebec no-fault benefits, she was to be treated as a Quebec resident under the Quebec SAAQ for the duration of her no fault claim.