2 total
Application for catastrophic impairment designation dismissed; current psychological impairments caused by intervening life events, not the accident.
The applicant sought a catastrophic impairment designation and entitlement to attendant care benefits and various treatment plans following a 2015 motor vehicle accident.
The central issue was causation, as the applicant experienced subsequent accidents, medical conditions including seizures and a Hills-Sachs lesion, and significant life stressors post-accident.
The Tribunal found that while the accident initially exacerbated pre-existing physical impairments and triggered some psychological symptoms, the applicant's current severe psychological impairments were caused by intervening life events and medical issues unrelated to the accident.
The Tribunal concluded the applicant did not meet the 'but for' test for causation, dismissing the application for catastrophic designation and all claimed benefits.
Judicial review of a College caution dismissed; remedial measure for unprofessional communication was reasonable despite physician's PTSD.
The applicant physician sought judicial review of a decision by the College's Inquiries, Complaints and Reports Committee requiring her to attend in person to be cautioned regarding unprofessional communications.
The applicant had made inappropriate comments in the workplace while experiencing emotional distress related to post-traumatic stress disorder.
The Divisional Court dismissed the application, finding that the caution was a remedial measure within the Committee's jurisdiction and was reasonable given the professional standards expected of physicians.
The Court also rejected the applicant's argument that the decision violated her equality rights under the Charter, as she failed to establish that the caution had an adverse impact on her or on people with mental health disabilities generally.