2 total
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the medical evidence, including clinical notes from treating physicians and diagnostic imaging, supported a finding of minor soft tissue injuries.
The Tribunal afforded little weight to the applicant's chronic pain specialist's report, noting it lacked objective testing and was contradicted by other medical records.
The application was dismissed as the injuries were subject to the MIG.
Application not dismissed where delay caused by lawyer misconduct and no prejudice shown.
In an estate dispute between siblings, the estate trustee moved to dismiss an application requiring an accounting of estate assets on the basis of delay.
The delay resulted largely from the applicant’s former lawyer, who had misled the client and failed to advance the proceeding while suffering from severe personal and mental health issues.
The court held that the delay was adequately explained, the applicant intended to pursue the claim, and the moving party had also failed to take steps to advance the matter or his own related motion regarding a purported will.
The court further found no non-compensable prejudice resulting from the delay.
Exercising its discretion, the court declined to dismiss the application.
