Mr. Baum

The applicant, who has pre-existing global developmental delay, autism spectrum disorder, and a seizure disorder, sought $3,528.83 for home modifications following a motor vehicle accident.

The applicant argued the accident worsened his seizures and aggressive behaviours, necessitating the modifications.

The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove on a balance of probabilities that the accident caused an exacerbation of his pre-existing impairments.

The adjudicator noted significant inconsistencies between the grandparents' subjective reports of worsened behaviour and contemporaneous pre-accident medical records, and preferred the respondent's medical evidence that the accident did not cause the reported deterioration.

The applicants sought directions regarding an open lift system for a minor, Kenzie Alice Bunch, whose property is under management.

Following an expert report confirming the lift's safety and suitability, and outlining future modification procedures, the court approved an amended management plan incorporating these recommendations.

The court also approved the costs associated with the expert report and the applicants' full indemnity costs for the application.

The applicant, who suffered a leg amputation in a motorcycle accident and was deemed catastrophically impaired, sought various statutory accident benefits denied by the respondent insurer.

The Licence Appeal Tribunal awarded attendant care benefits at a reduced rate of $3,000 per month, finding the applicant did not require 24-hour care.

The Tribunal also granted numerous medical and rehabilitation benefits, including occupational therapy, medical cannabis, and short-term alternative housing.

However, the claim for over $1.1 million for alternative accessible housing was denied because the applicant's housing expert failed to assess a potentially viable property jointly owned by the applicant.

The claim for a special award under Regulation 664 was dismissed as the insurer's conduct was not found to be unreasonable.

The minor plaintiff suffered a severe hypoxic-ischemic brain injury at birth due to the admitted negligence of the defendant hospital's nurses in artificially rupturing the membranes.

The defendant conceded the breach of the standard of care and that it caused the plaintiff's ataxic hypotonic cerebral palsy, but argued her cognitive and behavioural issues were caused by genetically inherited ADHD.

The court rejected the genetic ADHD theory, finding the birth injury was the sole cause of all the plaintiff's physical, cognitive, and behavioural deficits.

The court awarded over $5.2 million in damages, including $250,000 for general damages, $1.88 million for future loss of income, and extensive future care costs for therapies, supported independent living, and home modifications.