In Charway v. TD General Insurance Co.,  O.J. No.
3945, 2017 ONSC 4593 (Master), a different conclusion was
reached, albeit on slightly different facts.
 In that case, the plaintiff was involved in a car accident on
June 24, 2011. She sought SABs, some of which were disputed.
Two mediations followed. The first failed to resolve claims for income replacement benefits (“IRBs”), massage therapy and counselling claims.
 The plaintiff then issued a claim seeking
— caregiver benefits;
— declaratory relief for caregiver benefits and IRBs;
— medical and rehabilitation benefits of $1 million;
— housekeeping and home maintenance benefits of $200,000;
— attendant care benefits of $1 million; and
 She also alleged that she had suffered a catastrophic
impairment, thereby permitting her access to an enhanced level
 The defendant delivered a statement of defence. A second
mediation followed on November 24, 2015. Four claims remained
in dispute at its conclusion, the most significant being the determination of catastrophic impairment.
 Following a change in counsel on August 17, 2016, the
plaintiff brought a motion to amend her claim seeking
— IRBs from June 24, 2011 to date;
— payment or reimbursement of costs of housekeeping and
home maintenance expenses in the amount of $100 per week
less amounts paid for the period of June 24, 2011 to date, and
— a determination of catastrophic impairment pursuant to s. 45
of the Statutory Accident Benefits Schedule;
— a declaration that the plaintiff was entitled to income
replacement benefits from the date of trial and ongoing;
— medical benefits pursuant to s. 2(2) of s. 15 of the SABS;
— attendant care benefits pursuant to s. 19 of the SABS;