Dr. M.K.

The union appealed the denial of long-term disability benefits to a claimant who suffered from chronic fatigue syndrome and chronic pain.

The insurer had terminated benefits at the change of definition date, determining the claimant was not totally disabled from performing the essential duties of any occupation.

The arbitrator reviewed the medical evidence, including several independent medical examinations, and found insufficient objective evidence of totally disabling cognitive or physical impairments.

The appeal was dismissed as the claimant failed to meet the onus of establishing total disability from any occupation.

The applicant, an eight-year-old with severe pre-existing disabilities, was struck by a vehicle and sustained a traumatic brain injury.

He applied for a determination of catastrophic impairment under s. 3(2)(d)(ii) of the Statutory Accident Benefits Schedule, arguing that the accident significantly increased his dependency and need for daily support.

The respondent argued that the accident did not exacerbate his pre-existing impairments.

The Tribunal found the applicant's evidence, including his mother's testimony and the Omega Medical Associates assessment, more compelling.

The Tribunal concluded that the applicant's condition worsened significantly after the accident, increasing his dependencies, and deemed him catastrophically impaired.

The applicant sought a review of the Children's Aid Society's decision to remove a seven-year-old child who had been placed with her for adoption.

The Society removed the child after investigations into the applicant's behaviour raised concerns about her mental health.

A parenting capacity assessment diagnosed the applicant with a paranoid personality trait and delusional disorder.

The Board found the assessment credible and concluded that the applicant's untreated mental health issues posed significant psychological risks to the child.

The Board confirmed the Society's decision, finding that the adoption placement was not in the child's best interests.