P.K. v. The Guarantee Company of North America, 16-001348/AABS
On reconsideration, the executive chair found that attendant care benefits were payable on an ongoing basis
Released June 20, 2017 | Full decision [Document Bank] | Reconsideration Order [Document Bank]
On March 15, 2017, The Licence Appeal Tribunal (the “Tribunal” or “LAT”) issued its final decision about entitlement to attendant care benefits (“ACB”) but was silent about whether the applicant was entitled to ongoing ACB.
As a result of a case conference conducted prior to the hearing, the Tribunal issued an Order outlining the issues between the parties which were in dispute, including whether P.K. was entitled to attendant care benefits in the amount of $1117.74 per month for the period April 2, 2016 to date and ongoing. In its final decision, the Tribunal determined that P.K. was entitled to $666.23 per month in ACB, but since he could not prove he incurred any expenses between April 2, 2016 and the date of the hearing, no ACB were payable for that period.
The final decision did not address the issue of ongoing benefits. Consequently, P.K. asked the Tribunal whether this was an oversight, and if so, whether the Tribunal could clarify its findings. The Guarantee Company of North America was of the view that this request for clarification was improper and claimed that judicial review would be necessary to determine the issue of ongoing benefits.
On or about March 22, 2017, The Executive Chair, advised that she made a decision on her own motion to reconsider the decision pursuant to Rule 18.1 of the LAT Rules of Practice and Procedure (“the Rules”).
In his submissions, P.K. submitted that the omission by the Tribunal with respect to ongoing benefits was an error.
The Executive Chair agreed. “Had the Tribunal turned its mind to the proper question, I am confident that it would have ordered the ACB payable on an ongoing basis.”
In her Reconsideration Decision issued on June 20, 2017, the Executive Chair found that P.K. was entitled to ACB on an ongoing basis provided he incurs the related expenses.
Read the decision on the OTLA Document Bank Read the Reconsideration Order on the OTLA Document Bank