2 total
Non-earner benefit awarded based on accident-related psychological impairment that prevented applicant from carrying on normal life.
The applicant sought a non-earner benefit following a motor vehicle accident.
The respondent denied the claim, arguing the applicant's activity levels were already limited by pre-existing conditions and that she retained the physical capacity to perform light tasks.
The Tribunal found that while the applicant had pre-existing physical issues, the accident caused a psychological impairment (Adjustment Disorder with Mixed Anxiety and Depressed Mood) that continuously prevented her from engaging in substantially all of her pre-accident activities, particularly her role as a homemaker.
The Tribunal awarded the non-earner benefit from the date her psychological symptoms were first documented, along with interest.
The respondent's request for costs was denied.
Plaintiff ordered to produce cell phone records from time of accident despite denying phone use.
The defendant brought a motion to compel the plaintiff to answer undertakings and a refusal from his examination for discovery in a motor vehicle accident claim.
The parties resolved the undertakings at the hearing.
The remaining issue was the plaintiff's refusal to produce his cellular phone call log for the 30 minutes prior to the accident.
The court ordered the production of the call log, finding it relevant to the defendant's pleaded allegation that the plaintiff was negligent by using his phone at the time of the collision, despite the plaintiff's denial under oath.
