Appeal for travel compensation fund reimbursement dismissed due to insufficient evidence of cash payment.
The appellant appealed a decision of the Travel Industry Council of Ontario denying her claim for $12,500.00 from the Travel Compensation Fund for a Hajj package that was not provided.
The appellant claimed she paid the amount in cash to a travel agent who defrauded her.
The Tribunal found that the appellant failed to provide sufficient and reliable documentary evidence, such as a valid receipt from the registered travel agency, to prove she made the payment.
The appeal was dismissed.
Liquor licence condition restricting seating capacity removed on consent due to change in circumstances.
The appellant applied to remove a condition from its liquor licence that restricted seating capacity.
The Registrar consented to the removal.
The Tribunal found that there had been a change in circumstances since the condition was imposed in 1992, noting a change in operator, no reported issues, and no public objections.
The application was granted and the condition was removed on consent.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming his injuries, including chronic pain syndrome, warranted removal from the Minor Injury Guideline (MIG).
The respondent denied the balance of a physiotherapy treatment plan on the basis that the injuries were predominantly minor.
The Licence Appeal Tribunal found that the applicant failed to prove on a balance of probabilities that he suffered from chronic pain syndrome or that his injuries fell outside the MIG.
The Tribunal applied the AMA Guides criteria for chronic pain and found insufficient medical evidence to meet the threshold.
The application for the disputed treatment plan and interest was dismissed.
Applicant removed from Minor Injury Guideline due to accident-related chronic pain syndrome; physiotherapy plan approved.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied a physiotherapy treatment plan, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant suffered from chronic pain syndrome caused by the accident, warranting removal from the MIG.
The Tribunal ordered the respondent to pay the disputed physiotherapy treatment plan and interest on overdue payments, but denied the applicant's requests for a special award and costs.
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a rear-end motor vehicle collision.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that he should be removed from the MIG due to accident-related psychological impairments and a pre-existing psychological condition.
The Tribunal found that the applicant's pre-accident medical records showed severe anxiety and depression, contradicting his expert's report that symptoms began after the accident.
The Tribunal concluded the applicant failed to prove that his pre-existing condition would prevent maximal recovery from his minor injuries if kept within the MIG.
The application was dismissed, with the applicant remaining subject to the $3,500 MIG limit.