Dr. Kingston

The applicant requested a reconsideration of a Licence Appeal Tribunal decision that denied her entitlement to post-104 income replacement benefits and certain treatment plans.

The applicant argued that the Tribunal committed a material breach of procedural fairness by allowing the respondent's experts to testify without producing clinical notes and records, and by denying her the opportunity to cross-examine an adjuster.

The applicant also alleged errors of law and fact regarding the weighing of medical and vocational evidence.

The Tribunal dismissed the request, finding no breach of procedural fairness as the adjuster was not summoned or listed as a witness, and concluding that the applicant was attempting to re-litigate the weighing of evidence without demonstrating any actual errors of law or fact.

The applicant sought a determination of catastrophic impairment and entitlement to various treatment plans following a motor vehicle accident.

The Tribunal found that the applicant did not meet the 55% whole person impairment threshold under either Criterion 6 (physical) or Criterion 7 (combined physical and psychological), assessing his physical impairment at 37% and combined impairment at 43%.

The Tribunal denied the claim for outstanding catastrophic impairment assessments, finding them duplicative.

However, the Tribunal granted the cost of a NuStep cross trainer, finding it reasonable and necessary for the applicant's rehabilitation.

The Tribunal also granted the cost of a neurovisual assessment because the insurer's denial notice failed to comply with the requirements of s. 38(8) of the Schedule.

The applicant's request for costs was dismissed.

A 51-year-old first offender pleaded guilty to possession of child pornography and making child pornography available.

His collection was one of the largest and worst ever encountered by the Ottawa Police Service, containing over 28,000 unique images and 1,144 unique videos, with 95% depicting explicit sexual activity including children as young as one year old.

The trial judge imposed a sentence of two years less one day followed by three years' probation, reasoning that probation would ensure the accused received counselling.

The Crown appealed, arguing the sentence was inadequate.

The Court of Appeal allowed the appeal, finding the trial judge erred in principle by giving primary effect to rehabilitation rather than denunciation and general deterrence, which are the paramount sentencing objectives for child pornography offences.

The applicant father and respondent mother both brought motions for temporary relief regarding their child.

The father, who had been convicted of sexually assaulting the mother, sought gradually increasing access, while the mother sought sole custody and to terminate any access.

The court found that the mother had previously consented to an order for supervised access and denied her request to appeal it.

Applying the principle that terminating access is a remedy of last resort, the court ordered temporary supervised access for the father for one hour twice a month.

The court also granted the mother temporary sole custody and dispensed with the father's consent for travel and schooling.