In Daly v. ING Halifax Insurance Company, the Court of Appeal held that hourly rates for attendant care are set by the Statutory Accident Benefits Schedule and cannot be challenged.
The Court accepted the insurer’s argument, that section 50(10) of the SABS allows an insured person to argue for a greater number of hours of attendant care, or that the person is entitled to care at a higher level. However, the Court held but that the prescribed hourly rates for each of the three levels of attendant care ($8.75 per hour for Level 1, current minimum hourly wage for Level 2 and $14.00 per hour for Level 3) cannot be disputed by the insured person.