Ernest Toomath

The applicant sought statutory accident benefits after a vehicle crashed into his house while he was sleeping in another room.

He claimed to have suffered psychological and emotional injuries as a result of the incident.

The respondent denied the claim on the basis that the applicant was not 'involved' in the accident.

The Licence Appeal Tribunal found that the applicant did not witness the accident, was not physically injured, and was not related to anyone involved in the accident.

Consequently, he did not meet the definition of an 'insured person' involved in an accident under section 3(1) of the Statutory Accident Benefits Schedule.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, including ongoing income replacement benefits (IRBs) and various medical treatment plans.

The Licence Appeal Tribunal found that the applicant's pre-existing knee impairments were not worsened by the accident and that he did not meet the test for a substantial or complete inability to work.

Consequently, the claims for ongoing IRBs and physical treatment plans were dismissed.

However, the Tribunal found that the insurer had unreasonably delayed payment of the initial IRBs and failed to pay interest.

The Tribunal ordered the insurer to pay interest on the delayed payments along with a 20% special award under O. Reg. 664.

Both parties' requests for costs were denied.