Dr. David Lipson

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The respondent denied several medical and rehabilitation benefits, arguing the applicant's injuries were predominantly minor and subject to the $3,500 limit under the Minor Injury Guideline (MIG).

The Tribunal found that the applicant's right knee chondrosis, confirmed by an MRI, was caused by the accident and constituted a non-minor injury, removing him from the MIG.

The Tribunal rejected the respondent's medical assessors' opinions that the knee injury was minor, noting they were based on incorrect factual premises regarding the applicant's functional impairments.

While the applicant was removed from the MIG, he only established that proposed Depo-Medrol injections for his knee were reasonable and necessary.

Claims for physiotherapy, chiropractic, massage, and psychological services were dismissed for lack of supporting evidence.

The Tribunal denied a claim for a special award under s. 10 of Regulation 664, finding the respondent's reliance on a flawed medical report did not amount to bad faith or unreasonable conduct.

This decision addresses two motions: one by AIG Insurance Company of Canada for summary judgment against the plaintiff, Neil Doef, regarding a paralysis benefit claim, and another by Hockey Canada seeking leave to withdraw an affidavit and replace it.

The court dismissed AIG's summary judgment motion due to an unjustifiable 42-month delay in bringing it, finding it contrary to the principles of timely access to justice.

Hockey Canada's motion for leave to withdraw the affidavit was also dismissed, as granting it would have prejudiced the plaintiff by denying him the opportunity to cross-examine the affiants before the summary judgment motion, which was subsequently vacated.