Dr. Deck

The applicant sought statutory accident benefits for psychological treatment to address post-traumatic stress disorder following a motor vehicle accident.

The respondent partially denied two treatment plans, arguing that the proposed length and number of sessions were excessive and that a local treatment provider should be used to reduce travel expenses.

The Tribunal found that the applicant's treating psychologist was the preferred option due to his extensive experience and established patient-psychologist relationship, and that surveillance evidence did not undermine the applicant's psychological impairments.

The Tribunal concluded that the treatment plans were partially reasonable and necessary, awarding portions of the claimed amounts along with interest on overdue payments.

The appellant, a bouncer, appealed his manslaughter conviction after punching an intoxicated patron in the head, causing a fatal fall.

He argued the trial judge erred in refusing to consider self-defence, finding causation, and that the verdict was unreasonable.

The Court of Appeal dismissed the appeal, finding no air of reality to the self-defence claim given the appellant was a trained, sober bouncer facing an intoxicated victim with his hands down.

The court also upheld the trial judge's findings on causation, noting medical evidence supported that the punch caused the fatal fall.