Barry L. Evans

The appellant father appealed a trial judge's decision varying support orders.

The trial judge found that a decrease in the father's income constituted a material change in circumstances and adapted the parties' agreement to reflect this decrease while maintaining its spirit.

The Court of Appeal found no error in the result and dismissed the appeal.

The appeal concerned whether weekly no-fault benefits paid under s. 13 of the pre-1994 Statutory Accident Benefits Schedule were deductible from an award of general damages in a motor vehicle personal injury action.

Applying the no-double-recovery approach from prior appellate authority, the court held that deductibility depends on whether the statutory benefit is akin to the same head of loss as the damages award.

The court concluded that s. 13 benefits are more akin to damages for loss of income than to general damages because they are weekly, age-linked, coordinated with income loss benefits, and directed at those prevented from seeking employment or education.

The appeal was allowed, the Divisional Court order was quashed, and the motions judge's order was restored.

The appellant appealed an arbitration order denying his claim for ongoing weekly income benefits and a higher benefit rate following a motor vehicle accident.

The insurer had terminated benefits after the appellant failed to attend a scheduled medical examination.

The Director's Delegate upheld the arbitrator's findings that the appellant lacked credibility, failed to prove substantial inability to perform his pre-accident employment as a roofer, and provided insufficient evidence to calculate a higher benefit rate.

The appeal was dismissed with no appeal expenses payable.

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including weekly income benefits.

The insurer terminated benefits after the applicant failed to attend a scheduled independent medical examination.

The arbitrator found that the applicant failed to prove a substantial inability to perform the essential tasks of his employment beyond the date of the missed examination, noting credibility issues and a lack of cooperation in subsequent assessments.

For the period prior to termination, the arbitrator awarded the minimum weekly benefit of $185.60 due to unexplained gaps and unreliability in the self-employed applicant's income evidence.