Dr. Lindsey MacLeod

The applicant sought statutory accident benefits for physiotherapy, an in-home functional assessment, and a psychological assessment following a motor vehicle accident.

The insurer denied the treatment plans, arguing the applicant's impairments were a natural progression of pre-existing conditions.

The Tribunal found that the accident aggravated the applicant's pre-existing physical and psychological impairments, making the proposed treatment plans reasonable and necessary.

The Tribunal ordered the insurer to pay for the treatment plans with interest, but declined to order a special award under section 10 of Regulation 664, finding the insurer's initial denial was not unreasonable based on the medical evidence it had at the time.

The applicant father brought a motion seeking the return of the children to Ottawa and unsupervised access.

The respondent mother opposed, requesting the children remain with her in Niagara and that the father's access be supervised due to his mental health issues.

The court ordered the mother to return the children to the matrimonial home in Ottawa, granted her exclusive possession, and allowed the father unsupervised access three times a week.

The mother was permitted to travel with the children to Niagara one week per month, during which the father could exercise access in Niagara.

The court found no compelling reasons for relocation and no evidence warranting supervised access.