Anastasia Sukalsky

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued that a pre-existing back condition and chronic pain removed him from the MIG.

The Tribunal found that the applicant failed to provide compelling evidence that his pre-existing condition prevented maximal recovery or that he suffered from accident-related chronic pain.

The Tribunal placed significant weight on the respondent's expert reports.

Consequently, the applicant's injuries were deemed predominantly minor.

One treatment plan was partially approved to exhaust the remaining $3,500 MIG limit, while the rest were denied.

The claim for a special award was dismissed.

Following a jury trial for a motor vehicle accident where the plaintiff's damages were reduced to zero due to statutory deductibles and failure to meet the verbal threshold, the defendant sought costs of $165,000.

The plaintiff argued for no costs based on impecuniosity and access to justice.

The court rejected the plaintiff's arguments, noting the claim's lack of success and the plaintiff's access to specialized counsel on a contingency fee.

Costs were awarded to the defendant in the requested amount of $165,000.

This endorsement addresses a dispute regarding trial readiness in a personal injury action.

The plaintiffs sought to set a trial date, but the defendant objected, citing outstanding productions, unanswered undertakings, and refusals from discovery.

The court, in a case conference, found the case was not "trial ready" due to these unresolved interlocutory matters, including unquantified loss of income claims, unobtained employment files, and unserved expert reports.

Despite the four-year period since discoveries, counsel had not completed necessary steps.

The court emphasized the scarcity of trial dates and declined to book a date for an unprepared case, striking it from the trial list.

The defendant brought a motion to compel the plaintiff to answer two questions refused at his examination for discovery in a personal injury action arising from a motor vehicle accident.

The defendant sought production of the plaintiff's academic records to verify his computer science degree, which underpinned his loss of income claim, and childhood medical records from SickKids Hospital regarding a prior head injury.

The court granted the motion, finding both sets of records relevant to the issues of damages and causation.

The applicant sought statutory accident benefits following a motor vehicle accident.

The insurer denied claims for physiotherapy and an attendant care/in-home assessment on the basis that the applicant's physical injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant's significant physical injuries were related to pre-existing conditions and subsequent surgeries, not the accident.

The Tribunal concluded the treatment plans were not reasonable and necessary, and dismissed the application.

Claims for an award and costs were also dismissed.

The applicant was injured in a motor vehicle accident and sought an Income Replacement Benefit (IRB) from the insurer.

The insurer conceded the medical tests for the IRB but disputed the applicant's proof of employment and income, as the applicant had not received T4s, Records of Employment, or pay stubs from his former employer.

The arbitrator found that the applicant provided a reasonable explanation for failing to call his former employer as a witness and declined to draw an adverse inference.

Relying on time sheets, uncashed cheques, text messages, and the applicant's testimony, the arbitrator concluded on a balance of probabilities that the applicant was employed at the time of the accident with an expected income of $2,000 per month.

The arbitrator ordered the payment of an IRB based on a gross weekly income of $461.54, plus interest, but denied the applicant's claim for a Special Award, finding the insurer's actions in waiting for the arbitration decision were reasonable.

The applicant applied for statutory accident benefits following a motor vehicle accident.

The applicant failed to attend the scheduled arbitration hearing and his legal representatives were removed from the record after losing contact with him.

The arbitrator dismissed the application due to abandonment and lack of evidence.

The insurer was awarded $3,000 in expenses.