3 total
Claim for lost educational expenses dismissed due to lack of medical evidence and missing disability certificate.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for lost educational expenses after withdrawing from a post-secondary program.
The Licence Appeal Tribunal found no medical evidence that the applicant's accident-related injuries prevented him from continuing his education, noting his psychological issues were workplace-related.
Furthermore, the applicant failed to submit a completed disability certificate as required by section 21(3) of the Schedule.
The application for lost educational expenses and interest was dismissed.
Small Claims Court appeal dismissed; trial judge properly assisted self-represented litigant and made no palpable errors.
The appellant appealed a Small Claims Court decision dismissing his claim against his insurer and a remediation contractor for allegedly defective flooring installation following a basement flood.
The appellant argued the trial judge failed to properly assist him as a self-represented litigant, erred in taking a view of the property, improperly rejected evidence, and erred in finding a claim regarding a vapour barrier was statute-barred.
The Divisional Court dismissed the appeal, finding the trial judge properly accommodated the appellant without assuming the role of counsel, had the authority to take a view, appropriately exercised her discretion regarding evidence, and correctly applied the limitation period.
Costs of the appeal were awarded to the respondents on a partial indemnity basis.
Insurer ordered to pay ongoing IRBs and a 50% special award for unreasonably withholding benefits.
The applicant, a taxi driver, was injured in a rear-end motor vehicle accident and sought statutory accident benefits.
The insurer terminated his income replacement benefits (IRBs) and denied certain medical and assessment treatment plans.
The arbitrator found that the applicant suffered from chronic pain syndrome and psychological impairments, entitling him to both pre-104-week and post-104-week IRBs.
The disputed medical and assessment plans were denied for lack of evidence of reasonableness and necessity at the time of submission.
The arbitrator awarded a maximum 50% special award against the insurer, finding it unreasonably withheld benefits by ignoring mounting medical evidence of the applicant's psychological and cognitive impairments and relying solely on outdated physical assessments.
