Dr. Siow

2 total

PS

Catastrophic impairment designation denied; positive brain scan must occur while admitted as an in-patient.

The 13-year-old applicant was struck by a vehicle and sustained a fractured femur and a traumatic brain injury.

He applied for a catastrophic impairment designation under section 3.1(1) 5.i of the Statutory Accident Benefits Schedule based on a positive SPECT scan conducted months after his hospital discharge.

The Tribunal held that the word 'with' in the provision requires the positive finding of intracranial pathology to occur while the insured is admitted on an in-patient basis.

Because the applicant's positive scan occurred months later, he did not meet the statutory criteria for catastrophic impairment.

Z.R. v. Certas Direct Insurance Company, 2020 CanLII 61463

Director of Nuclear Medicine at Southlake · nuclear medicine · Retained by Applicant

SM

Scott Charles McMahon

In Private Practice18 cases2013–2026

KB

Kristian Bonn

In Private Practice20 cases1999–2026

WT

Wolfram U. Tausendfreund

SCJ82 cases2012–2020

SCJJun 25, 2019

The court awarded the plaintiffs costs exceeding their settlement amount, recognizing adverse costs insurance premiums as compensable disbursements.

This costs endorsement followed a personal injury action that settled for $75,000 shortly before trial.

The court assessed the plaintiffs' claim for costs and disbursements, addressing several contested issues.

Key determinations included the compensability of adverse costs insurance premiums as a disbursement, the recoverability of disbursements related to a defaulted defendant, and the reasonableness of retaining multiple experts given the complexity and anticipated trial.

The court applied the principle of proportionality to fix the final costs and disbursements.