2 total
Application for catastrophic impairment and attendant care benefits dismissed due to lack of causation and insufficient impairment ratings.
The applicant sought statutory accident benefits following a 2014 motor vehicle accident, claiming catastrophic impairment due to psychological and physical injuries, as well as attendant care benefits.
The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove on a balance of probabilities that the accident was a necessary cause of her psychological impairments, noting significant pre-existing conditions and surveillance evidence contradicting her reported limitations.
The Tribunal also found the applicant did not meet the whole person impairment threshold for physical and psychological impairments combined.
Claims for attendant care benefits were denied as the applicant was not catastrophically impaired and failed to prove the expenses were incurred.
The Court of Appeal upheld a summary judgment awarding damages to sellers for a failed real estate transaction.
The appellant appealed a summary judgment award of $366,513 in damages arising from a failed real estate transaction.
The appellant had waived the financing condition in an agreement of purchase and sale for $1,252,500 but failed to close due to lack of financing.
The respondents subsequently sold the property for $965,000.
The motion judge found the respondents had taken reasonable steps to mitigate their damages by refusing the appellant's subsequent offer to purchase at a lower price, particularly given the appellant's prior default and lack of proof of financing.
The Court of Appeal upheld the decision, finding no errors in the motion judge's legal analysis or assessment of evidence and no basis for interfering with the denial of the adjournment request.
