skip to main content
Back to Top
Oct 21, 2014

Kelley Campbell wins client right to housekeeping benefits after two-year period had lapsed

As a result of injuries sustained in a motor vehicle accident Ms. A. required housekeeping assistance. The insurer denied Ms. A's claim, arguing that she failed to apply for these benefits within the first two years after the accident as required by law.

Ms. A. retained Ms. Kelley Campbell to fight for her rights. Kelly Campbell applied for mediation, and when mediation failed she applied for arbitration.

At a preliminary hearing on the issue of housekeeping benefits, the insurer argued that Ms. A’s application for benefits was incomplete as she had not submitted a disability certificate on time as required by the statute, and therefore her claim should be denied.  

Kelly Campbell argued that while it was true that Ms. A had not submitted a disability certificate within two years, she had submitted medical evidence to the insurer of her ongoing disability and need for housekeeping assistance within the two years. Kelley Campbell also pointed out that the insurer had obtained its own independent assessment, during that time, which also concluded Ms. A. was not able to perform housekeeping. As such, the insurer was aware of the need for the benefits that were being claimed, and Ms. A should be able to proceed with her claim.

Finally, Kelley Campbell pointed out that the insurer itself had also failed to provide her with a copy of Ms. A’s file in a timely basis, and this had contributed to the lapsing of the two year period.


The Arbitrator agreed with Kelley Campbell that the insurer had enough information to form an opinion as to Ms. A’s need for housekeeping and allowed her to proceed to arbitrate her claim for benefits.  

Recent News

Jul 28, 2022

Juan Carranza International Health and Community Studies Scholarship

We are proud to announce that this year, the recipient of the Juan Carranza International Health and Community Studies Scholarship is Ghada Salem, ...

Jun 22, 2021

Moira Gracey Takes Part in Successful Maya Land Rights Claims in Belize

Carranza LLP partner Moira Gracey has been part of the legal team seeking legal protection of the customary land rights of the Maya indigenous people in southern Belize since 1999.

Jun 15, 2020

COVID-19 highlights an urgent need to expand access to healthcare for all

The Canadian health care system has left some of the most marginalized segments of our communities behind as many groups regularly find themselves ...


1280 Finch Ave. West, Suite 200
Toronto, Ontario
M3J 3K6, Canada


Toll Free:1-877-633-1065
Phone: 416-633-1065
Fax: 416-633-9782