Dr. S.E. Scherer

The court addressed two applications: a motion for court approval of an accident benefits settlement for a minor, Stephan Markus, and a guardianship application by his mother, Natalie Nicholas.

The court approved the accident benefits settlement amount of $650,000 but reduced the legal contingency fee from 25% to 15% and disallowed a disbursement for clerk's time.

The court rejected the proposed management plan for the settlement funds and Natalie Nicholas's application to be appointed guardian of property, citing concerns about the plan's realism and internal inconsistencies in affidavits.

All settlement funds were ordered to be placed into a structured settlement and paid into court until an authorized guardian of property is appointed, with a new management plan required.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

The insurer terminated weekly income replacement benefits after 104 weeks.

The arbitrator found that the applicant suffered from a chronic pain disorder and met the test of a complete inability to engage in any employment for which he was reasonably suited.

The arbitrator awarded ongoing income replacement benefits, attendant care benefits, medical and rehabilitation expenses, and the costs of various medical reports.

Furthermore, the arbitrator granted a special award of $2,500 against the insurer for unreasonably withholding and delaying payments for medical and attendant care benefits recommended by its own experts.

The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them.

The applicant sought ongoing weekly income benefits under the post-156 week test, arguing that chronic low back pain and depression prevented her from working as a registered nursing assistant or in any other suitable occupation.

The arbitrator found that the applicant's accident-related pain and disability remained the main reason for her depression and inability to work.

The arbitrator also found that the insurer's exclusive reliance on labour market surveys to terminate benefits was unreasonable, given the consensus that her recovery was prolonged by psychological factors.

The applicant was awarded ongoing weekly income benefits and a special award of $3,000.