2 total
A motion to amend pleadings was adjourned due to the court's concern regarding a party suing themselves for their own negligence.
The plaintiffs brought a motion to amend their statement of claim to add Edward Ouellette as a defendant and substitute Stephanie Ouellette as the child plaintiff's litigation guardian.
The court expressed a preliminary view that it was problematic for Edward Ouellette to remain a plaintiff asserting Family Law Act (FLA) damages while simultaneously being added as a defendant against whom claims of independent negligence were advanced.
Citing common law principles, the court noted that a person cannot sue themselves for damages based on their own negligence.
The motion was adjourned to allow plaintiff's counsel to consider the court's concerns and propose revised pleadings, with costs reserved.
Applicant's injuries fall within the Minor Injury Guideline; claim for physiotherapy benefits dismissed.
The applicant was injured in a motor vehicle accident and sought medical benefits for physiotherapy.
The respondent denied the claim, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) limit of $3,500.
The applicant argued for removal from the MIG due to pre-existing cervical disc disease, chronic pain, and psychological impairment.
The Tribunal found that the applicant's injuries were predominantly minor, noting that his post-accident shoulder and neck issues were likely related to his pre-existing degenerative disc disease and bodybuilding routine rather than the accident.
The Tribunal afforded little weight to the applicant's chronic pain assessment as it failed to address his workout routine.
Consequently, the applicant was not removed from the MIG, and the claim for $3,030.78 in physiotherapy services was dismissed.
