Dr. Joan Nagy

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

The respondent insurer denied various treatment and assessment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 funding limit had been exhausted.

The Tribunal found that the applicant failed to provide compelling medical evidence of a pre-existing condition, chronic pain with functional impairment, or psychological injuries that would warrant removal from the MIG.

As the applicant's injuries were predominantly minor and the MIG limit was exhausted, the disputed treatment plans and claims for interest were dismissed.

The applicant sought to vary a consent order regarding custody, access, and child support for two children, requesting equal time-sharing and divided decision-making.

The respondent opposed any changes.

The court found a material change in circumstances, primarily due to the applicant's significantly improved mental health and the children's expressed wishes for more time with their mother.

Applying the 'best interests of the child' test, the court granted the variation, ordering joint custody with equal time-sharing and divided decision-making authority for medical, dental, and educational matters.

Child support was reserved for further agreement or hearing.