Dr. Carriere

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.

The applicant argued for removal from the MIG due to a pre-existing psychological condition, an accident-related psychological impairment, and chronic pain.

The Tribunal found that the applicant failed to prove that a pre-existing condition prevented maximal recovery, preferred the respondent's psychological assessment finding no accident-related psychological impairment, and found insufficient evidence of chronic pain.

The application was dismissed.

The accused, Gaston Nicholas, was found guilty of two counts of arson.

At sentencing, the Crown sought a 12-month reformatory sentence, while the defence sought a suspended sentence with probation, citing the accused's advanced age, poor physical and mental health (including vascular dementia and depression), and the ongoing COVID-19 pandemic.

The court found a causal link between the accused's mental health and the offences, and concluded that incarceration would have a severe negative effect on him due to his vulnerabilities and the pandemic conditions in correctional institutions.

The court imposed a suspended sentence with three years probation and a 10-year weapons prohibition, declining a DNA order.

The defendant brought a threshold motion during jury deliberations in a motor vehicle personal injury action, seeking a declaration that the plaintiff's injuries did not meet the statutory threshold under s. 267.5(5) of the Insurance Act.

The plaintiff claimed to suffer from chronic pain syndrome resulting from a minor rear-end collision.

The court preferred the evidence of the defendant's medical expert and relied heavily on video surveillance showing the plaintiff engaging in vigorous physical activities inconsistent with her claimed limitations.

The court found the plaintiff failed to prove a permanent, serious impairment of an important physical function.

Consequently, the jury's award of $50,000 for general damages was disallowed, and judgment was entered only for the $32,000 awarded for past loss of housekeeping services.