3 total
Determination of common-law spouse's standing to challenge will deferred until dependant support claim commenced.
The applicant, the common-law spouse of the deceased, brought an application to challenge the validity of a handwritten will leaving a condominium to the respondent church.
The respondent brought a motion for directions challenging the applicant's standing and seeking to limit her to a dependant support claim.
The applicant moved to strike portions of the respondent's relief and hearsay evidence in affidavits.
The court held that it was premature to determine the applicant's standing to challenge the will until she commenced a dependant support claim, for which the court extended the limitation period.
The court also found the respondent's requests for directions premature and declined to strike the hearsay evidence at the motion stage, leaving it for the application judge.
Applicant removed from Minor Injury Guideline due to chronic pain; physiotherapy treatment plan approved.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied certain benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that while the applicant did not establish a psychological impairment, she did prove on a balance of probabilities that she suffered from chronic pain as a result of the accident, which removed her from the MIG.
Consequently, the Tribunal approved a disputed physiotherapy treatment plan as reasonable and necessary, but denied a psychological assessment.
Interest was awarded on overdue payments.
Motion for interim income replacement benefits and cross-motion to dismiss arbitration both denied.
The applicant was injured when he fell from a transport truck while training as an unpaid driver.
He sought interim income replacement benefits from his auto insurer, Pafco, after his WSIB claim was denied.
Pafco brought a cross-motion to dismiss the arbitration, arguing the applicant was entitled to WSIB benefits.
The arbitrator dismissed the motion for interim benefits, finding the applicant failed to establish a prima facie case for the duration claimed and did not demonstrate an urgent financial need, as he was currently employed.
The cross-motion to dismiss the arbitration was also denied, as the issue of WSIB entitlement remained unresolved and was best left for a full hearing.
No special award or costs were granted.
