The claimant appealed the Tribunal’s decision regarding the quantum of ACBs awarded, and the date interest began to accrue. The claimant also sought judicial review of a FSCO decision relating to housekeeping expenses. The Court dismissed the appeal, holding that the Tribunal did not commit any legal errors in its award of ACBs. The Court agreed that basic supervisory care was generally not payable for the cost of emotional support. The Court also accepted that the Tribunal’s denial of attendant care benefits for cleaning tasks that overlapped with housekeeping chores was appropriate. The Court agreed with the Tribunal’s holding that interest on ACBs only began from the date upon with the Form 1 was submitted to the insurer, as the SABS did not require payment of ACBs prior to submission of the Form 1. The Court also dismissed the judicial review of the FSCO decision, holding that FSCO correctly found itself functus officio in relation to a claim for housekeeping expenses after a consent order was made dismissing the claim, following a settlement between the claimant and the insurer.
Menu