Catherine Sydor

The plaintiffs, a mother and son, were injured in a low-speed motor vehicle accident.

The son claimed the accident caused chronic pain syndrome and depression, disabling him from his employment as a security technician.

The mother claimed the accident caused a left shoulder impairment that prevented her from performing housekeeping and self-care.

The court found both plaintiffs met the statutory threshold under the Insurance Act, having sustained permanent serious impairments of important functions.

The court awarded damages for pain and suffering, past and future income loss, future care, and housekeeping/attendant care.

The applicant was injured in a motor vehicle accident and received statutory accident benefits, which the insurer terminated after three years.

She applied for arbitration seeking reinstatement of weekly benefits and homemaker services.

The arbitrator found that while the applicant suffered from a significant mobility impairment and chronic pain that justified the reinstatement of 12 hours per week of homemaker services, her disability was not so pervasive as to continuously prevent her from engaging in substantially all of her usual activities.

Therefore, the claim for ongoing weekly benefits was dismissed.

The applicant was awarded her expenses for the arbitration.