2014 Attendant Care Amendments Not Retroactive

On October 27, 2014 Quinlan, J. rendered a decision in Davis v. Wawanesa Mutual Insurance Company, 2015 ONSC 6624.  The Plaintiff sought a determination before trial with respect to whether section 2 of Ontario Regulation 347/13, effective February 1, 2014, which amended the Statutory Accident Benefits Schedule, Effective September 1, 2010, is to be applied retroactively.  Specifically, the issue was whether the change that limited attendant care benefits payable to the lesser of the amount of economic loss sustained by a non-professional service provider or the Form 1 amount applies to an accident that occurred prior to February 1, 2014.

The Plaintiff was involved in a motor vehicle accident on November 15, 2013 and was rendered catastrophically impaired.  A Form 1 was submitted on her behalf by an occupational therapist on January 31, 2014 which confirmed she required $7,790.15 in attendant care benefits per month.  She was discharged from the hospital on February