2 total
Tribunal awards IRBs finding no wilful misrepresentation of cash employment, but denies unsupported treatment plans.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied income replacement benefits (IRBs), alleging the applicant wilfully misrepresented his pre-accident employment and income.
The Tribunal found no wilful misrepresentation, noting the applicant's language difficulties and reliance on his employer's cash payment and tax remittance practices.
The Tribunal awarded IRBs based on the applicant's CRA Notice of Assessment and medical evidence showing a substantial inability to perform his pre-accident heavy labour tasks.
Claims for a vision assessment and a recliner chair were dismissed for lack of contemporaneous medical evidence.
A claim for a special award was also dismissed.
The court dismissed the daughters' will challenge, finding the deceased had testamentary capacity and was not unduly influenced to leave her entire estate to her son.
The applicant, Jon Jessie William Driscoll, sought a Certificate of Appointment of Estate Trustee with a Will, naming him as the sole beneficiary of his mother, Shirley Driscoll's, estate.
Three of Shirley's daughters (the objectors/respondents) challenged the will, alleging lack of testamentary capacity and undue influence.
The court conducted a summary trial, reviewing medical evidence and family testimony.
The court found that Shirley Driscoll possessed testamentary capacity when she executed her will and was not subjected to undue influence.
The decision emphasized that a testator has the right to treat beneficiaries unjustly, and the will reflected Shirley's long-held mindset of primogeniture.
The objections were dismissed, and Jon Driscoll was confirmed as Estate Trustee.
