Manitoba court says threshold, although inadequate, still applies to MPs case

Manitoba’s Court of Appeal has denied an application for leave to appeal a decision that denied an insured the right to claim accident benefits under section 138 of the Manitoba Public Insurance Corporation Act, which carries no maximum limit for personal home assistance.Steven Fletcher was paralyzed from the neck down as result of a 1996 motor vehicle accident. Despite his catastrophic injuries, Fletcher went on to become a Member of Parliament and was appointed Minister of State for Democratic Reform in October 2008.Fletcher received benefits for his ongoing care and rehabilitation from Manitoba Public Insurance Corporation (MPI) under section 131 of the Manitoba Public Insurance Corporation Act. Section 131 has a threshold of Cdn$3,000 per month relating to personal home assistance.Fletcher argued that his requests for reimbursement should fall under s. 138 of the act, which does not have a threshold, “because his expenses are not ‘personal home assistance’ as contemplated by the former section [section 131]; rather, they are all the expenses essential to his very functioning as a human being and hence much more extensive in scope,” Chief Justice of Manitoba Richard Scott wrote in his decision.Over the years, a number of contentious issues have arisen between Fletcher and MPI, Scott wrote. They are related to funding for the purchase or adaptation of motor vehicles, homes and wheelchairs in both Winnipeg and Ottawa.Section 138, despite its broad wording, cannot be used as a top-up or add-on for an expense that “properly falls within the four corners of sec. 131,” the Court of Appeal said.Scott acknowledged the monthly Cdn$3,000 threshold is “wholly inadequate to provide the essential level of personal assistance for the victim who decides to make something of his life.” Nevertheless, it is a matter for the legislature to decide, not the courts, he concluded.