Dr. Dimitrakoudis

Personal injury trial arising from a 2015 motor vehicle accident involving a plaintiff with a prior 2012 collision and earlier mental health history.

The court rejected the defence theory that the plaintiff was malingering or merely misattributing pre-existing impairments, and found that the 2015 accident caused soft tissue injuries, chronic pain, psychological injury, headaches, and cognitive deficits that permanently impaired work and daily functioning.

Applying the but-for causation test and the thin skull rule rather than the crumbling skull principle, the court held that the plaintiff had substantially recovered from the earlier accident but remained vulnerable to more serious consequences from the later collision.

The court awarded general damages, past and future income loss, future care costs, and derivative damages to the family claimant.

Following a wrongful dismissal trial where the plaintiff was awarded approximately $150,000 in damages, the court determined the costs of the action.

The plaintiff sought over $600,000 on a substantial indemnity basis, while the corporate defendants argued no costs should be awarded due to proportionality and settlement offers.

The court awarded the plaintiff partial indemnity costs of $424,584.33, finding that the defendants' 'hardball' litigation tactics and pursuit of a baseless after-acquired cause defence unnecessarily prolonged the trial.

The court also denied costs to the successful individual defendant, finding her conduct was the fundamental reason the trial was necessary.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs), transportation expenses, and the cost of a medical assessment.

The insurer denied the benefits, arguing the applicant had returned to work and did not meet the disability tests.

The arbitrator found the applicant suffered a substantial inability to perform her pre-accident employment for the first 104 weeks and a complete inability to engage in suitable employment thereafter until she commenced a new career.

The arbitrator awarded the IRBs, transportation expenses, and assessment costs.

Furthermore, the arbitrator ordered the insurer to pay a $10,000 special award because it unreasonably withheld IRBs by failing to have its accountant review updated financial information that would have revealed flaws in its initial denial.