Dr. Catherine Lee

The applicant, who was 12 years old at the time of the motor vehicle accident, sought statutory accident benefits for physical and psychological impairments.

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

The Tribunal found that the applicant failed to provide sufficient objective medical evidence to establish that he sustained physical or psychological impairments outside the MIG.

Furthermore, the applicant did not prove that his pre-existing cognitive and psychological conditions prevented him from achieving maximal recovery within the MIG limits.

Consequently, the disputed treatment plans for physiotherapy and psychological services were deemed not reasonable and necessary, and no interest was payable.

A child protection application brought by the Windsor-Essex Children's Aid Society concerning four children found to be in need of protection.

The central issue was whether the children should remain in the care of their mother (T.B.) subject to supervision, or be placed in the custody of their father (M.D.).

The court found that the children should remain in the mother's care subject to a 12-month supervision order with detailed terms and conditions.

The father's request for custody without Society involvement was denied.

The court considered the mother's past conduct, including disturbing wiretap evidence of inappropriate language, but found that with ongoing Society support and services, the risks could be adequately managed.

The father's refusal to participate in a parenting capacity assessment and his inconsistent exercise of access were significant factors against his custody claim.