Craig Mazerolle

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that their injuries fell within the Minor Injury Guideline.

The matter proceeded to a written hearing, but the applicant failed to file any written submissions or evidence.

Consequently, the Tribunal found that the applicant failed to meet their evidentiary burden to demonstrate removal from the Minor Injury Guideline or entitlement to the disputed medical benefits, award, and interest.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The Tribunal scheduled a written hearing, but the applicant failed to file any submissions or evidence.

The Tribunal proceeded in the applicant's absence under s. 7(2) of the Statutory Powers Procedure Act and dismissed the application, finding the applicant failed to meet the burden of proving entitlement.

The respondent's request for costs was denied, as the applicant's failure to file submissions did not meet the threshold for unreasonable, frivolous, or vexatious behaviour under Rule 19.1.

The applicant sought statutory accident benefits following a motor vehicle accident.

The matter proceeded to a written hearing, but the self-represented applicant failed to file any submissions or evidence despite communications from the Tribunal.

Consequently, the Tribunal found the applicant failed to meet the evidentiary burden to demonstrate removal from the Minor Injury Guideline or entitlement to the disputed non-earner and medical benefits.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The applicant passed away prior to the hearing, and no estate trustee was appointed.

The matter proceeded to a written hearing, but no submissions or evidence were filed on behalf of the applicant.

The Tribunal found that the applicant failed to meet the burden of proving entitlement to the claimed benefits.

The application was dismissed.

The applicant was involved in a motor vehicle accident and sought an income replacement benefit (IRB) from the respondent insurer.

The Tribunal found that the applicant sustained an accident-related psychological impairment that caused a substantial inability to perform the essential tasks of her pre-accident employment as a grocery store cashier.

Furthermore, the Tribunal determined that this impairment caused a complete inability to engage in any reasonably suited employment past the 104-week mark, but that this complete inability resolved by June 2, 2023, when she was ready to return to work.

The applicant was awarded an IRB of $400 per week from October 4, 2020, to June 2, 2023, plus interest on overdue payments.

The applicant sought statutory accident benefits following a motor vehicle accident.

The matter proceeded to a written hearing, but the applicant failed to file any submissions or evidence.

The Tribunal proceeded in the applicant's absence pursuant to section 7(2) of the Statutory Powers Procedure Act.

The Tribunal found that the applicant failed to meet his evidentiary onus to demonstrate removal from the Minor Injury Guideline or entitlement to the disputed medical benefits, award, and interest.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that her injuries fell within the Minor Injury Guideline.

The Tribunal scheduled a written hearing, but neither party filed submissions or evidence.

As the applicant bore the onus of demonstrating removal from the Minor Injury Guideline and entitlement to the disputed medical benefit, the Tribunal found she failed to meet her evidentiary burden.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, including an income replacement benefit, an award for unreasonable delay, and interest.

The matter proceeded to a written hearing.

The applicant failed to file any written submissions or evidence, and did not request an extension.

Pursuant to section 7(2) of the Statutory Powers Procedure Act, the Tribunal proceeded in the applicant's absence.

The Tribunal found that the applicant failed to meet his burden of proof and dismissed the application.

The applicant applied to the Licence Appeal Tribunal for statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that his injuries fell within the Minor Injury Guideline.

The Tribunal scheduled a written hearing, but neither party filed submissions or evidence.

Finding that the applicant failed to meet his evidentiary burden to demonstrate removal from the Minor Injury Guideline or entitlement to the disputed medical benefits, award, and interest, the Tribunal dismissed the application.

The applicant sought statutory accident benefits following a motor vehicle accident.

The Tribunal scheduled a written hearing, but the applicant failed to file any submissions or evidence, nor did he request an extension.

The respondent sought a dismissal of the application.

Proceeding in the applicant's absence under s. 7(2) of the Statutory Powers Procedure Act, the Tribunal found the applicant failed to meet his burden of proof and dismissed the application.

The applicant sought statutory accident benefits following a motor vehicle accident.

The matter was scheduled for a written hearing.

Neither party filed written submissions or evidence in accordance with the deadlines set by the Tribunal.

As the applicant bore the onus of demonstrating entitlement to the disputed benefits, the Tribunal found that the applicant failed to meet this burden.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The matter proceeded to a written hearing, but the applicant failed to file any submissions or evidence.

The respondent sought to dismiss the application and requested costs.

The Tribunal dismissed the application on the merits, finding the applicant failed to meet his onus to demonstrate entitlement to the disputed benefits.

The respondent's request for costs was denied, as the applicant's failure to comply with deadlines did not meet the high threshold for a costs award under Rule 19.1.

The applicant sought statutory accident benefits following a motor vehicle accident.

The matter proceeded to a written hearing, but the applicant failed to file any submissions or evidence.

The Tribunal proceeded in the applicant's absence pursuant to s. 7(2) of the Statutory Powers Procedure Act.

The Tribunal found that the applicant failed to meet her burden to demonstrate removal from the Minor Injury Guideline and entitlement to the disputed treatment plans, award, and interest.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The Tribunal found that the applicant sustained an accident-related psychological impairment, removing her from the Minor Injury Guideline.

The Tribunal awarded two psychological treatment plans and an income replacement benefit, finding that the exacerbation of her pre-accident sleep issues caused a substantial and complete inability to perform her pre-accident employment as a postal clerk.

Claims for an award for unreasonable delay were dismissed, but interest on overdue payments was granted.

The applicant, who passed away shortly after filing the application, sought attendant care and medical benefits following a motor vehicle accident.

The matter proceeded to a written hearing, but no submissions or evidence were filed on behalf of the applicant or her estate.

The Tribunal found that the applicant failed to meet the burden of demonstrating entitlement to the disputed benefits.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that her injuries fell within the Minor Injury Guideline.

The Tribunal scheduled a written hearing, but neither party filed written submissions or responded to the Tribunal's inquiries.

As the applicant bore the onus of demonstrating removal from the Minor Injury Guideline and entitlement to the disputed benefits, the Tribunal found she failed to meet her burden.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, including $2,200 for psychological services, an award, and interest.

The Tribunal scheduled a written hearing, but the applicant failed to file any submissions or evidence.

Pursuant to section 7(2) of the Statutory Powers Procedure Act, the Tribunal proceeded in the applicant's absence.

Finding that the applicant failed to meet her burden of proof, the Tribunal dismissed the application.

The applicant sought statutory accident benefits following a 2014 motor vehicle accident, claiming he sustained a catastrophic impairment due to a mental or behavioural disorder.

The Licence Appeal Tribunal found the applicant failed to establish that his post-accident psychological symptoms were caused by the accident, noting extensive pre-accident psychiatric history and minimal post-accident medical records referencing the accident.

The Tribunal preferred the evidence of the respondent's psychiatric assessor, who found no appreciable connection between the accident and the applicant's condition.

Consequently, the claims for catastrophic impairment, disputed medical benefits for a chronic pain program and psychological treatment, an award, and interest were all dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent insurer denied benefits and scheduled an insurer's examination (IE) to assess entitlement.

The applicant failed to attend the IE.

The Tribunal held a preliminary issue hearing to determine if the applicant was barred from proceeding under s. 55(1) of the Schedule.

The Tribunal found the IE was reasonably necessary and properly noticed, and the applicant's explanations for non-attendance were not compelling.

Consequently, the applicant was barred from proceeding to a hearing, and the application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied benefits and raised a preliminary issue that the applicant failed to submit a completed application for benefits within 30 days of receiving the forms, as required by s. 32(5) of the Schedule.

The applicant argued she had a reasonable explanation for the delay due to mental health issues, addictions, and a broken foot.

The Tribunal found that while the explanation was credible, it was not reasonable, as medical records showed the applicant was capable of completing day-to-day tasks and obtaining assistance during the delay period.

The application was dismissed as barred from proceeding.