Alexander David

The applicant was injured in a motor vehicle accident and received income replacement benefits (IRBs) for the first 104 weeks.

She sought post-104-week IRBs, arguing she suffered a complete inability to engage in suitable employment due to cognitive and physical impairments.

The Tribunal found that the applicant had successfully worked as a restorative aide for approximately 10 months post-accident, working full-time and overtime hours.

Relying on this work history and the preferred expert medical and vocational evidence, the Tribunal concluded the applicant did not suffer a complete inability to engage in suitable employment.

The claims for IRBs, interest, and a special award were dismissed.

The plaintiff, Rose Marie Sprowl, slipped and fell on ice in the parking lot of Bridgeport Plaza in Waterloo, Ontario, suffering a hip fracture.

She alleged that the defendants, as occupiers of the plaza, failed in their duty under the Occupiers' Liability Act to keep the premises reasonably safe.

The court found that the winter maintenance contractor, Clintar, failed to adequately monitor, salt, and inspect the parking spaces, and that the owner, First Capital, failed to ensure the work was properly done.

Both were found liable for the plaintiff’s injuries.

The court rejected arguments of contributory negligence and found the defendants 100% responsible for damages.

A case conference was held in a CCAA proceeding, requested by the Purchaser of the Applicants' business, to seek directions on the interpretation of a vesting order concerning a pre-filing personal injury claim.

The parties agreed that any necessary motion for interpretation should be heard by the supervising CCAA court.

They also cooperatively discussed limiting recoveries in the personal injury actions to available general liability insurance proceeds and lifting the stay for that limited purpose, working towards a consent order.