Dr. Armenia

The applicant sought income replacement benefits, medical benefits, and a determination of catastrophic impairment following a 2008 motor vehicle accident.

The arbitrator dismissed the claims, finding the applicant failed to prove a complete inability to engage in employment for the IRB claim.

The medical benefit claim was not properly linked to the 2008 accident.

The catastrophic impairment claim failed because the applicant's assessments did not properly account for pre-existing conditions as required by the AMA Guides, and the evidence did not establish a marked impairment resulting directly from the 2008 accident.

The appellant, plaintiff in a personal injury action where liability was admitted, sought a six-month adjournment of the trial because she lacked up-to-date medical reports.

The motion judge denied the request, citing delays and fading memories, which led to the action being dismissed when the appellant called no evidence.

The Court of Appeal allowed the appeal, finding the motion judge failed to consider that liability was admitted and that the respondents would suffer no non-compensable prejudice from a short adjournment.

The action was reinstated and a new trial ordered.