Dominique Zipper

The applicant was injured in a motor vehicle accident and sought medical and assessment benefits beyond the $3,500 Minor Injury Guideline (MIG) limit.

She argued that her pre-existing osteoporosis and alleged chronic pain syndrome removed her from the MIG.

The arbitrator found the applicant lacked credibility due to her refusal to answer questions regarding her opiate use and the suspension of her nursing licence.

The arbitrator rejected the applicant's expert evidence and concluded there was no compelling evidence that her pre-existing condition prevented maximal recovery within the MIG limits.

The claims for additional benefits were dismissed.

The plaintiffs sued the police for negligence after the plaintiff was severely injured in a drive-by shooting, alleging the police knew he was a likely target but failed to warn him or arrest the known shooter.

The defendants appealed a motion judge's decision dismissing their motion to strike the claim.

The Divisional Court dismissed the appeal, finding that the amended statement of claim pleaded sufficient material facts to establish a relationship of proximity analogous to the recognized duty of care in Jane Doe, and it was not plain and obvious that the claim would fail.