Dr. John Thornton

The applicant requested a reconsideration of a Tribunal decision that found he was barred from proceeding with his accident benefits dispute because a 2016 settlement agreement was valid and not vitiated by incapacity.

The applicant argued the Tribunal erred in law and breached procedural fairness by excluding a retrospective capacity assessment, improperly weighing evidence of his emotional dysregulation, and demonstrating a reasonable apprehension of bias against his counsel's law firm.

The Tribunal dismissed the request, finding no errors of law or procedural fairness, and concluding that the applicant was improperly attempting to re-litigate the weighing of evidence.

The Applicant was injured in a motor vehicle rollover accident and applied for a determination of catastrophic impairment.

The Insurer disputed the claim.

At arbitration, multiple medical experts testified regarding the Applicant's physical, mental, and behavioural impairments.

The arbitrator found that the Applicant sustained a Class 4 (marked) impairment in Concentration, Pace and Persistence, and Adaptability, relying on the Applicant's neuropsychologist.

The arbitrator also found that the Applicant would have met the 55% Whole Person Impairment threshold based on a combination of physical and psychological ratings.

The arbitrator concluded that the Applicant sustained a catastrophic impairment within the meaning of the Statutory Accident Benefits Schedule.

The applicant sought expenses following a successful arbitration for statutory accident benefits.

The insurer conceded entitlement but disputed the quantum of legal fees and expert disbursements.

The arbitrator assessed the legal fees, allowing the full time claimed by the junior lawyer who had carriage of the file, but reducing the time claimed by the senior lawyer for duplication.

The arbitrator also assessed the disbursements for various medical experts, reducing some hourly rates to the maximum allowed under Schedule F of the Dispute Resolution Practice Code, and reducing the amounts claimed for certain medical assessments and reports.

The total expenses awarded were $18,888.71.