2 total
The court granted an urgent motion compelling the plaintiff to attend a previously ordered neuropsychological assessment, emphasizing that court orders are mandatory.
This endorsement addresses a defendant's urgent motion seeking compliance with a prior court order compelling the plaintiff to attend a neuropsychological assessment.
The plaintiff's counsel advised that the plaintiff would not attend the assessment, citing a desire to seek leave to appeal the prior order, despite the assessment being tentatively scheduled and the order being released in advance.
The court emphasized that court orders are not optional and must be obeyed unless stayed or overridden.
The motion judge granted the defendant's requested relief, compelling the plaintiff's attendance at the assessment and awarding costs to the defendant for the necessity of bringing the motion.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline and limits were exhausted.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to treatment plans for chiropractic services, a psychological assessment, and a chronic pain assessment.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the policy limits were exhausted.
The Tribunal found that the applicant failed to prove her chronic pain and psychological impairments were accident-related or severe enough to warrant removal from the MIG.
As the MIG limits were exhausted, the claims for treatment plans, a section 10 award, and interest were dismissed.
