Christine Phinney

The applicant, a minor, sought court approval under Rule 7.08 for a $22,500 full and final settlement of her statutory accident benefits claim with the respondent insurer.

The minor sustained physical and severe psychological injuries after being struck by a vehicle as a pedestrian.

The court adjourned the application, finding the evidentiary record insufficient to determine whether the settlement was fair and reasonable, particularly regarding whether the minor's psychological injuries might meet the threshold for a catastrophic impairment designation.

The applicant sought entitlement to a treatment plan for occupational therapy, kinesiology services, and a Samsung tablet following a 2010 motor vehicle accident, as well as an award under Regulation 664 for unreasonable delay.

The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to provide compelling contemporaneous evidence to prove the treatment plan was reasonable and necessary.

The Tribunal also relied on an insurer's examination report indicating the applicant was largely independent in his daily activities.

The claim for an award was dismissed as the applicant failed to demonstrate the insurer's actions were excessive or imprudent.