2 total
Tribunal partially approves accident benefits for occupational therapy and case management but denies further physiotherapy.
The applicant, who was deemed catastrophically impaired following a 2015 motor vehicle accident, sought payment for several treatment plans denied by the respondent insurer.
The Licence Appeal Tribunal found that the proposed physiotherapy services were not reasonable and necessary, as the applicant had reached maximum medical recovery and previous treatment yielded no functional gains.
The Tribunal partially approved the psychological services plan for the OCF-18 completion fee but denied administrative and planning costs.
The Tribunal approved the occupational therapy and case management plans, finding the requested hours for documentation and planning to be reasonable.
The applicant's claim for a special award was dismissed, as the insurer's conduct was not found to be unreasonable.
Material change found but income imputation maintained and child support largely reinstated.
A support payor brought a motion to change seeking termination or suspension of child support following a motor vehicle accident that aggravated a shoulder injury and allegedly prevented employment.
The court found the accident constituted a material change in circumstances under s. 17 of the Divorce Act but concluded the payor remained intentionally under‑employed for much of the period after the accident.
The court granted a six‑month grace period suspending child support but maintained the previously imputed income and reinstated ongoing support thereafter.
Arrears were fixed and security was granted through a lien registered against the payor’s real property.
Requests to vest the property in the recipient and to restrict future motions were denied as disproportionate or unsupported.