2 total
Applicant removed from Minor Injury Guideline due to chronic pain syndrome; treatment plans approved.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant suffered from chronic pain syndrome, meeting the criteria under the AMA Guides, and was therefore removed from the MIG.
The Tribunal ordered the respondent to pay for multiple treatment plans for chiropractic and massage therapy, a psychological assessment, and a chronic pain assessment, finding them reasonable and necessary.
The respondent's request for costs was denied.
The accused was acquitted of impaired driving based on the defence of necessity after fleeing an attack.
The accused was charged with impaired driving, driving with blood alcohol content exceeding the legal limit, assault, and marijuana possession arising from an incident on July 24, 2017.
The accused admitted to driving while impaired but raised the defence of necessity, claiming she fled a dangerous situation.
The court found that the accused was attacked by the complainant and subsequently threatened by others at the scene, and that she had no reasonable legal alternative but to drive away.
The court accepted the defence of necessity and acquitted the accused of the driving offences.
The court also found that the accused acted in self-defence against the complainant and acquitted her of the assault charge.
The accused was found guilty of possessing a small amount of marijuana but acquitted of possessing a larger quantity due to reasonable doubt.
