3 total
Accident benefits claim barred due to unexplained delay after applicant accepted private cash settlement.
The applicant was struck by a vehicle and accepted a $3,000 cash settlement from the driver, signing an agreement not to pursue insurance claims.
Over a year later, after losing her job and access to collateral benefits, she applied for statutory accident benefits.
The insurer argued she was barred from proceeding due to her failure to notify them within seven days of the accident.
The Tribunal found the applicant's explanations for the delay were not credible or reasonable, noting she consciously chose the cash settlement and only sought benefits when her circumstances changed.
The application was dismissed as statute-barred.
Tribunal awards four treatment plans for physical injuries to applicant previously removed from Minor Injury Guideline.
The applicant was injured in a motor vehicle accident and sought payment for four treatment plans for chiropractic and physiotherapy services under the Statutory Accident Benefits Schedule.
The respondent insurer denied the plans, arguing the applicant's physical injuries fell under the Minor Injury Guideline and relying on an insurer's examination report.
The Tribunal found that the applicant had been removed from the Minor Injury Guideline for psychological injuries, which did not preclude treatment for physical injuries.
Relying on clinical notes and records that consistently documented the applicant's ongoing neck, back, and shoulder pain, the Tribunal concluded all four treatment plans were reasonable and necessary.
The applicant was awarded the cost of the treatment plans plus interest.
The court denied a mother's interim motion to relocate with her toddler to Italy, prioritizing the child's relationship with the father pending trial.
The applicant father sought to prevent the temporary relocation of the 22-month-old child to Italy with the respondent mother, and for temporary sole custody and an equal parenting schedule.
The respondent mother sought temporary sole custody and permission to relocate with the child to Italy for a new job opportunity.
The court denied the mother's request to relocate, finding it not in the child's best interests on an interim basis due to the potential disruption to the child's relationship with the father and the lack of compelling financial benefit.
The court ordered a progressive parenting schedule for the father, including overnights, and joint decision-making pending trial.
