Dejan Ristic

The applicant was struck by a transit bus while crossing an intersection and sought a determination of catastrophic impairment.

The Tribunal found that the applicant did not meet the 55% whole person impairment threshold, preferring the respondent's medical experts who concluded her psychological challenges stemmed from pre-existing learning difficulties rather than the accident, and that she did not suffer from post-concussion syndrome.

However, the Tribunal ordered the respondent to pay $2,400 for a chronic pain assessment plan, finding the assessment was reasonable at the time it was proposed, and awarded interest because the respondent failed to provide proper medical reasons for its denial.

The applicant, a minor injured in a motor vehicle accident, brought a motion for the production of the insurer's complete accident benefits file and surveillance evidence.

The insurer failed to respond to the applicant's requests or provide submissions on privilege.

The arbitrator ordered the insurer to produce an Affidavit of Documents and the file up to the date of mediation, finding that litigation privilege attached on that date.

The insurer was also ordered to produce all surveillance evidence and pay $450 in expenses for the motion.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

A dispute arose regarding the format of the pre-hearing conference.

The insurer, having retained out-of-town counsel, requested a teleconference, while the applicant requested an in-person hearing in Toronto.

The arbitrator held that the applicant's choice of venue should not be lightly abrogated and ordered that the resumption of the pre-hearing take place in person at the Commission's offices in Toronto.