Dr. C. Miller

The applicant was involved in a motor vehicle accident and sought statutory accident benefits, including a medical benefit for psychological services and income replacement benefits (IRBs).

The respondent insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant did not suffer from a chronic pain condition or psychological impairment caused by the accident, and therefore her injuries were subject to the MIG and its $3,500 funding limit.

Consequently, the claim for psychological services was dismissed.

The Tribunal also found that the applicant did not suffer a substantial inability to complete the essential tasks of her pre-accident employment as a warehouse packager, dismissing her claim for IRBs and interest.

The plaintiff First Nations sought a declaration that a two-chain strip of land along the shores of Rainy Lake and Rainy River formed part of the Agency One Reserve, created pursuant to Treaty #3.

The court reviewed extensive historical, ethnohistorical, and surveying evidence regarding the creation of the reserve in the 1870s.

The court found that the Crown intended to exclude the two-chain allowance from the reserve to accommodate the Dawson Route and the developing forestry industry.

The court further held that this exclusion did not breach the Crown's fiduciary duty or the honour of the Crown, as the Ojibway retained access to the shoreline and no express promise had been made to include it.

The plaintiffs' claims were dismissed.