Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied two treatment plans for physiotherapy and a psychological assessment on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued for removal from the MIG based on a pre-existing psychological condition, her age, and an accident-related psychological impairment.
The Tribunal found insufficient medical evidence to support a pre-existing condition that would preclude recovery within the MIG, noting that age alone is not a pre-existing condition.
The Tribunal also gave limited weight to the applicant's psychological report due to its lack of objective testing and reliance on self-reporting.
The application was dismissed, and the applicant was held to the MIG limits.
Foster-Francois v. Allstate Insurance Company of Canada, 2026 CanLII 26838