Dr. Mussett

The appellant, Leslie J. O’Connor, appealed a trial judge's decision to discharge a jury and render judgment in favour of the respondent, Peter St. Marthe, following a motor vehicle accident.

The appeal centered on whether the trial judge erred in ruling that counsel improperly elicited inadmissible opinion evidence from a non-party expert (Dr. Mussett) regarding the respondent's ability to work, and whether the judge erred in discharging the jury.

The Court of Appeal upheld the trial judge's decision, finding Dr. Mussett's opinion on employability was inadmissible as it went beyond the scope of his original assessment and was highly prejudicial.

The court also found no error in discharging the jury, given the significant impact of the inadmissible evidence and the trial judge's assessment of trial fairness.

The applicant was injured in a motor vehicle accident and sought payment for an occupational therapy treatment plan that the insurer denied.

The adjudicator found that the applicant suffered from chronic pain and psychological impairments as a result of the accident.

The adjudicator concluded that the proposed occupational therapy, which focused on pain management and increasing functional activity, was a reasonable and necessary method of treating the applicant's impairments.

The insurer was ordered to pay the treatment plan amount of $3,358.14 plus interest.