3 total
Application for catastrophic impairment and medical benefits dismissed due to lack of causation.
The applicant sought statutory accident benefits following a 2014 motor vehicle accident, claiming he sustained a catastrophic impairment due to a mental or behavioural disorder.
The Licence Appeal Tribunal found the applicant failed to establish that his post-accident psychological symptoms were caused by the accident, noting extensive pre-accident psychiatric history and minimal post-accident medical records referencing the accident.
The Tribunal preferred the evidence of the respondent's psychiatric assessor, who found no appreciable connection between the accident and the applicant's condition.
Consequently, the claims for catastrophic impairment, disputed medical benefits for a chronic pain program and psychological treatment, an award, and interest were all dismissed.
Application for catastrophic impairment and medical benefits dismissed as psychological issues predated the accident.
The applicant sought statutory accident benefits, including a determination of catastrophic impairment and medical benefits for psychological and physiotherapy treatment, following a 2014 motor vehicle accident.
The respondent denied the claims, arguing the applicant's psychological issues were pre-existing and unrelated to the accident.
The Tribunal found that the applicant failed to meet his burden of proof, as he presented no medical evidence to support his claims, while the respondent's expert evidence established that his psychiatric condition predated the accident.
The application was dismissed in its entirety.
A mother whose distracted parenting caused her toddler's drowning received a 90-day intermittent sentence.
A 31-year-old mother pleaded guilty to failing to provide the necessities of life to her 18-month-old son, contrary to section 215(2)(a) of the Criminal Code, resulting in the child's death by drowning in a bathtub.
The mother left the child unsupervised while engaged in an 11-minute Facebook conversation.
The Crown sought a 9-month jail sentence; the defence sought a 4-month conditional sentence.
The court imposed 90 days jail to be served intermittently on weekends, plus 24 months probation, finding that actual incarceration was necessary to meet the objectives of denunciation and general deterrence, particularly given the aggravating circumstances involving abuse of a child and the emerging issue of distracted parenting through social media.