Celina Grande

The plaintiff sued her former lawyer for negligence and breach of contract arising from an allegedly improvident settlement of her accident benefits claim in May 2014.

The plaintiff claimed the lawyer failed to advise her adequately regarding income replacement benefits, failed to discourage her from settling prematurely, and failed to advise her of the potential for catastrophic impairment designation which would have entitled her to significantly enhanced benefits.

The court found that while the lawyer breached the standard of care in several respects, the plaintiff failed to establish causation because she did not prove she would have acted differently with proper advice.

Additionally, the plaintiff failed to mitigate her damages by not attempting to set aside the settlement when she became aware of the defect.

The court also found the plaintiff failed to establish that she would have been found catastrophically impaired.

The action was dismissed.

The applicant sought a rehabilitation benefit of $6,482.72 for an adjustable bed and mattress following a motor vehicle accident.

The respondent denied the benefit, relying on a physiatrist's paper review which concluded the bed was not reasonable and necessary from a musculoskeletal perspective.

The Tribunal found the respondent's medical evidence unpersuasive and preferred the comprehensive reports of the applicant's occupational therapist and psychologist, which established that the applicant's chronic pain resulted in long-term sleep maintenance issues.

The Tribunal ordered the respondent to pay the cost of the bed and mattress, plus interest.