Dr. Hussain

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including a determination of catastrophic impairment, attendant care, caregiver, medical, and housekeeping benefits.

The arbitrator found that the applicant failed to prove her entitlement on a balance of probabilities, noting significant issues with her credibility, evidence of malingering, and a failure to disclose pre-existing medical conditions.

The arbitrator preferred the evidence of the insurer's medical experts, who concluded that the applicant had reached maximum medical recovery and did not meet the threshold for catastrophic impairment.

All claims for benefits were denied.

In a child protection proceeding, the respondent mother brought a motion seeking the immediate return of her child to her care and dismissal of the society’s protection application.

The court held that the requested final relief was not available on a motion and treated the request as a motion under s. 51(6) of the Child and Family Services Act to vary an existing order.

The court found a material change in circumstances based on the mother’s engagement with treatment, but also concluded there remained a risk of harm to the child due to the mother’s history of mental health decompensation.

The court accepted that the risk could potentially be managed through a supervision order and provided the mother an opportunity to agree to terms of supervision.

If the mother refused supervision, the motion would be dismissed.