2 total
Claims for orthopaedic assessment and physiotherapy denied as duplicative and lacking evidence of reasonable necessity.
The applicant sought entitlement to statutory accident benefits for an orthopaedic assessment and physiotherapy following a 2015 motor vehicle accident.
The Licence Appeal Tribunal found that the orthopaedic assessment was duplicative of two prior assessments and therefore not reasonable and necessary.
The Tribunal also denied the physiotherapy treatment plan, noting the applicant had reached maximum medical improvement and failed to demonstrate how the treatment goals would be met.
Claims for interest and a special award were consequently dismissed.
Excessive speed alone does not constitute a 'race' or 'speed test' under an automobile insurance policy.
The statutory third party insurer brought a motion for summary judgment, arguing the defendant driver was excluded from coverage because he was engaged in a 'race' or 'speed test' when he caused a fatal collision while driving up to 215 km/h.
The court dismissed the motion, finding that excessive speed alone does not constitute a race or speed test under the Insurance Act.
The court held that the driver lacked the intention to test the speed of the vehicle or engage in a contest, and therefore the insurer remained liable to compensate the plaintiffs.
