2 total
Applicant met catastrophic impairment and IRB tests but denied payment for failing to file taxes.
The applicant sought statutory accident benefits following a motor vehicle accident.
The Tribunal found the applicant sustained a catastrophic impairment under Criterion 7, reaching a 57% whole-person impairment rating.
The Tribunal also found the applicant met the test for post-104 income replacement benefits due to a complete inability to engage in suitable employment, but denied payment because the applicant failed to file income tax returns as required by section 4(5) of the Schedule.
Finally, the Tribunal determined the applicant was entitled to attendant care benefits of $889.21 per month, but denied payment because the expenses were not incurred.
Motion for a late jury notice dismissed due to unexplained delay and prejudice.
The defendants brought a motion to extend the time to deliver a jury notice in a motor vehicle accident action.
The plaintiff opposed the motion.
The court dismissed the motion, finding that the defendants failed to adequately explain the significant delay, which was attributed to lawyer inadvertence.
The court also found that granting leave would cause sufficient prejudice to the plaintiff, particularly due to the increased delay to trial and the plaintiff's nearly exhausted medical benefits.
