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Application for catastrophic impairment designation dismissed as applicant failed to prove marked psychological impairments.
The applicant was involved in a motor vehicle accident and sought a determination that she sustained a catastrophic impairment under Criterion 8 of the Statutory Accident Benefits Schedule due to psychological impairments.
The Licence Appeal Tribunal found that the applicant failed to meet her burden of proof.
The Tribunal placed little weight on the applicant's expert assessors, noting their reliance on self-reports and lack of supporting medical documentation.
Conversely, the Tribunal accepted the respondent's psychiatric assessment, which concluded the applicant suffered only moderate impairments across the four spheres of functioning.
The application was dismissed.
The court continued a Mareva injunction against the defendants after finding a strong prima facie case of fraudulent misrepresentation regarding fictitious government contracts.
The Plaintiff, A.J. Lanzarotta Wholesale Fruits & Vegetables Ltd., brought an urgent motion for a Mareva injunction and a Norwich Order against the Defendants, United Farmers, 2773125 Ontario Inc., Janet Michelle Brunton, and Wayne D. King.
The Plaintiff alleged fraudulent misrepresentation by the Defendants regarding government contracts and ownership of a plane, leading to a $1.7 million debt for produce.
The court found that the Plaintiff made proper disclosure and established a strong prima facie case of fraudulent misrepresentation, as well as a real risk of asset dissipation by the Defendants.
The court also determined that the injunction should cover all property, whether solely or jointly held by Brunton, as beneficial ownership was a triable issue.
The Mareva injunction was continued.
