2 total
Motion for leave to appeal dismissed in writing; motion for stay rendered moot.
The moving parties brought a motion for leave to appeal and a motion to stay the decision of Sweeny R.S.J. The Divisional Court directed the moving parties to file their materials electronically and advised that motions for leave to appeal are considered in writing under Rule 62.02.
After reviewing the moving parties' materials without requiring responding materials, the panel dismissed the motion for leave to appeal, rendering the motion for a stay moot.
No costs were ordered.
Catastrophically impaired child awarded increased attendant care benefits for continuous supervision by his mother.
The applicant, a six-year-old catastrophically impaired by a brain injury sustained when struck by a motor vehicle, sought increased attendant care benefits for continuous supervision provided by his mother.
The insurer argued that much of the supervision was regular parenting.
The arbitrator found that the applicant's impulsivity, unpredictability, and behavioural issues required continuous and vigilant supervision beyond regular parenting, and awarded the increased benefits.
The arbitrator dismissed the applicant's claims for the higher attendant care rates introduced in the 2006 Schedule amendments, as the accident occurred in 2001, and for the cost of a vocational assessment.
