Overview:

• Steven Morrissey, catastrophically injured in a 2000 car accident, has received attendant care benefits (ACBs) from Wawanesa Insurance Company.
• In 2018, Morrissey sought increased ACBs from October 2015 onward, which Wawanesa denied, leading to a dispute resolved by the Licence Appeal Tribunal (LAT).
• The LAT partially granted his claim but only for future expenses from April 2018, prompting Morrissey's appeal for retroactive benefits.

Key Issues on Appeal:

1. Interpretation of s. 42(5) of the 2010 Schedule concerning retroactive ACB claims.
2. Applicability of the definition of "incurred" expenses under the 2010 Schedule to Morrissey's claim.

Findings:

• The court found the LAT and Divisional Court misinterpreted s. 42(5) of the 2010 Schedule. This section does not require urgency, impossibility, or impracticability for retroactive claims but pertains to payment timing, not eligibility.
• The definition of "incurred" under the 2010 Schedule (s. 3(7)(e)) does not apply to Morrissey's claim. His entitlement to ACBs should be determined under the 1996 Schedule, which lacks a restrictive "incurred" definition.

Conclusion and Disposition:

• The appeal was allowed.
• Morrissey is entitled to the $451.50 monthly allowance retroactive to October 2015, provided the increased ACBs are "reasonable and necessary" for October 2015 to April 2018. This determination, if disputed, will be remitted to the LAT.
• Morrissey does not need to substantiate that he incurred expenses under s. 3(7)(e) of the 2010 Schedule.

Costs:

• Costs to Morrissey payable by Wawanesa: $7,500 for the appeal (including the motion for leave) and $4,000 for costs in the court below, inclusive of disbursements and HST.