Dr. Lindsay MacLeod

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

The Licence Appeal Tribunal found the applicant was entitled to reduced amounts for yoga therapy, occupational therapy services, and an attendant care needs assessment, finding them reasonable and necessary for symptom management and functional improvement.

The Tribunal denied claims for chiropractic and physiotherapy treatment, finding the applicant had reached maximum medical recovery for orthopaedic injuries.

The Tribunal also declined to order a special award under s. 10 of Regulation 664, finding the insurer's conduct was not excessive or imprudent.

The Plaintiffs sought leave under s. 12 of the Evidence Act to call more than three expert witnesses at trial and an order to abridge time for service of their expert reports.

The Defendant opposed, citing late service and duplication of expert evidence.

The court applied factors for granting leave, emphasizing the "gatekeeper" role of the trial judge and the policy behind s. 12 of the Evidence Act, which applies to all experts offering opinion evidence, including participant experts.

The court found significant duplication among the proposed psychiatric, psychological, and occupational therapy experts and that several reports were served late without adequate justification.

The motion was largely denied, limiting the Plaintiffs to one expert per specialty for opinion evidence and restricting the scope of a physiotherapist's testimony to observations rather than future recommendations for litigation purposes.