Dr. Jack Mayer

The accused pleaded guilty to production or cultivation of cannabis marihuana.

Police discovered 99 marihuana plants in various stages of growth at the accused's residence.

The accused had previously obtained licenses from Health Canada to possess and produce medical marihuana for pain management resulting from catastrophic injuries sustained in a 2004 motorcycle accident.

The accused's production license had expired, and although he submitted a renewal application before expiration, he did not diligently follow up with Health Canada.

The Crown sought a six-month jail sentence, while the defence argued for a significant fine given the medical necessity and exceptional circumstances.

The court imposed a suspended sentence with two years' probation, finding that the exceptional circumstances and medical necessity rendered imprisonment disproportionate.

The insurer appealed an arbitrator's decision awarding the claimant non-earner, medical, attendant care, and housekeeping benefits following a bicycle-streetcar collision.

The central issue at arbitration was whether the claimant's post-accident decline was caused by the accident or the natural progression of a pre-existing polyneuropathy.

The Director's Delegate allowed the appeal and ordered a new hearing, finding that the arbitrator failed to provide adequate reasons for rejecting the insurer's medical evidence and accepting the claimant's medical evidence on the issue of causation.

The insurer appealed an arbitrator's decision finding that the claimant suffered a catastrophic impairment under the Statutory Accident Benefits Schedule following a motor vehicle accident.

The arbitrator relied on Glasgow Coma Scale (GCS) scores of 9 or less taken within the first hour of the accident.

The insurer argued the scores were confounded by intubation, seizures, and facial injuries, and were not taken within a 'reasonable period of time'.

The Director's Delegate dismissed the appeal, finding no palpable and overriding error in the arbitrator's factual findings that the early scores validly reflected brain impairment and were taken within a reasonable time.

The applicant, a 69-year-old woman, was injured when the city bus she was riding stopped suddenly.

She applied for statutory accident benefits, but the insurer terminated medical benefits and refused to pay for housekeeping.

The arbitrator found that the applicant suffered physical and psychological impairments as a result of the accident, aggravating pre-existing conditions.

The arbitrator ordered the insurer to pay for physiotherapy, psychological treatment, medical assessments, and housekeeping expenses.

The insurer's argument that the applicant was disentitled to benefits for failing to attend a DAC assessment was rejected due to defective notice.

The applicant was awarded her arbitration expenses.

The applicant sought statutory accident benefits following a motor vehicle accident.

The applicant failed to attend the arbitration hearing, and the arbitrator proceeded in his absence.

Based on the uncontroverted evidence from the insurer, including medical assessments indicating the applicant sustained no injuries and was exaggerating symptoms, and evidence that the applicant was working as a construction labourer while receiving income replacement benefits, the arbitrator dismissed the claims for ongoing benefits.

The arbitrator ordered the applicant to repay $1,897.86 in benefits previously paid due to wilful misrepresentation.

The insurer was awarded $500 in expenses, but its request for repayment of the assessment fee under section 282(11.2) of the Insurance Act was denied as the proceeding was not found to be frivolous, vexatious, or an abuse of process.