Dr. Steven Brown

The plaintiffs brought a motion to amend their statement of claim to include a claim for battery and punitive damages against the defendant plastic surgeon.

The court found that the proposed amendment to include battery introduced new material facts and a new cause of action that was statute-barred by the Limitations Act, 2002, due to inordinate delay.

However, the court allowed the amendment to include a claim for punitive damages, finding no prejudice.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including an income replacement benefit (IRB) and the cost of a chronic pain assessment.

The respondent insurer denied the benefits, arguing the applicant did not suffer a substantial inability to perform the essential tasks of her employment as a sales representative.

The Tribunal preferred the evidence of the applicant's chronic pain specialist over the insurer's assessors, finding the applicant's physical and psychological impairments prevented her from meeting the demanding customer service requirements of her job.

The Tribunal awarded the ongoing IRB and approved the chronic pain assessment up to the $2,000 statutory maximum, along with interest on the overdue IRB.