Arden McGregor

The applicant sought an income replacement benefit (IRB) of $79.00 per week beyond the 104-week mark following a motor vehicle accident.

The respondent insurer denied the benefit, arguing the applicant did not suffer a complete inability to engage in suitable employment.

The Tribunal reviewed medical and vocational evidence, finding the respondent's insurer examinations persuasive, particularly as they directly addressed the post-104 week test.

The applicant's medical evidence, while supporting her complaints of pain and psychological issues, failed to address whether she suffered a complete inability to work.

The Tribunal dismissed the application for IRBs, interest, and costs, noting the applicant failed to meet her evidentiary burden.

The plaintiffs hired the defendant contractor to build a dwelling on their property.

The contractor ceased work when the dwelling was 50% complete, citing the plaintiff's constant interference and abusive behaviour.

The plaintiffs sued for breach of contract, negligent misrepresentation, and negligence, arguing the contract was unenforceable because the contractor was not a registered Tarion builder.

The contractor counterclaimed for breach of contract and injurious falsehood based on internet posts and a complaint to Tarion.

The court found that the plaintiff breached the contract by interfering with construction methods.

However, the court dismissed all claims and counterclaims, finding no damages were proven by either party and that the Tarion complaint was protected by absolute privilege.