Dr. K. Payne

The defendant brought a motion seeking an order for the plaintiff, Rafik Yasso, to undergo independent medical examinations (IMEs) by a neuropsychologist and a physiatrist.

The plaintiff opposed, citing past negative experiences with IME scheduling and the triggering of his anxiety/PTSD.

The court found that the defendant had a procedural and substantive entitlement to these examinations.

Despite the plaintiff's past difficulties, the court determined there was no compelling reason preventing his participation and that the prejudice to the defendant in proceeding to trial without responding medical evidence outweighed the plaintiff's inconvenience.

The motion was allowed, and the plaintiff was ordered to attend the IMEs, with no costs awarded due to shared responsibility for the difficulties.

The applicant sought various medical and rehabilitation benefits following a motor vehicle accident.

The Licence Appeal Tribunal found that only the physiotherapy treatment plan was reasonable and necessary, relying on the recommendation of the applicant's family physician.

The remaining claims for massage therapy, chiropractic treatment, occupational therapy, a qEEG assessment, and various other expenses were denied due to insufficient medical evidence or because they were incurred prior to the submission of a treatment plan.

The Tribunal also awarded the applicant 10% of the amounts withheld for two psychological treatment plans, finding that the respondent unreasonably delayed funding despite having sufficient evidence to approve them.