Dr. Georgio Ilacqua

The applicant was injured in a motor vehicle accident and sought ongoing income replacement benefits (IRBs) and payment for various medical/rehabilitation treatment plans and assessments after the respondent insurer terminated them.

The Tribunal found that the applicant's radiculopathy and disc herniation were caused by the accident, rejecting the insurer's argument of an intervening event.

The Tribunal concluded the applicant met both the pre-104 week and post-104 week tests for IRBs, establishing a complete inability to engage in suitable employment.

However, the applicant failed to meet her burden to prove that the disputed treatment plans and assessments were reasonable and necessary.

The application was granted in part, with ongoing IRBs awarded.

The defendant pleaded guilty to possessing child pornography between April 6 and 7, 2010.

Police discovered 3,610 images and 191 movie clips of child pornography on the defendant's computer.

The Crown sought 9 months incarceration and 3 years probation, while the defence sought 90 days intermittent imprisonment and 1 year probation.

The court imposed a 90-day intermittent sentence with 1 year probation, finding that denunciation and general deterrence could be adequately addressed through this sentence.

The court considered the defendant's age, lack of criminal record, genuine remorse, extensive counselling, low risk of reoffending, and significant caregiving responsibilities for his brother as mitigating factors.