Dr. M.K. Joseph Kwok

The defendant brought a motion to remove the plaintiffs' lawyers of record due to a conflict of interest.

The plaintiffs' former counsel had obtained medical-legal reports from a company owned by her spouse without disclosing this relationship to the defendants.

Although the former counsel had been replaced, the new lawyers of record were from a successor firm operating out of the same office and employing lawyers from the former firm.

The court found that the conflict of interest had not been adequately addressed and that a fair-minded, reasonably informed member of the public would conclude that the proper administration of justice required the removal of the current lawyers of record.

The motion was granted.

The respondent insurer requested a reconsideration of a Tribunal decision that found the applicant's injuries fell outside the Minor Injury Guideline (MIG) and awarded various medical benefits and assessments.

The insurer argued the Tribunal failed to provide adequate reasons, ignored its independent medical examiners, and erred in law by relying on a chiropractor for a chronic pain diagnosis.

The adjudicator denied the request, finding the Tribunal provided adequate reasons, properly weighed the competing medical evidence, and did not require a formal chronic pain diagnosis to determine the injuries were not predominantly minor.

The applicant sought a non-earner benefit and medical benefits for taxi expenses after the rear doors of a TTC bus closed on her.

The insurer denied the claims, arguing her impairments were due to long-standing pre-existing conditions, including severe heart disease and diabetes, rather than the minor bus incident.

The arbitrator found that the applicant failed to prove the accident continuously prevented her from engaging in substantially all of her pre-accident activities.

The medical evidence and surveillance video demonstrated she remained capable of performing her normal activities, and her post-accident decline was more likely attributable to her pre-existing health issues and the death of her husband.

The application was dismissed, and the insurer was awarded its expenses.

The applicant was injured in a motor vehicle accident while riding her bicycle and sought statutory accident benefits.

The insurer terminated her income replacement and medical/rehabilitation benefits based on designated assessment centre (DAC) reports.

The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of her employment as a house cleaner due to chronic pain, entitling her to income replacement benefits up to the two-year anniversary of the accident.

The arbitrator also awarded medical benefits for prescription medications and transportation expenses, but denied claims for chiropractic care and injections as they were not reasonable or necessary.

The claim for hydrotherapy was deemed premature.

The arbitrator declined to make a special award, finding the insurer's reliance on the DAC reports was not unreasonable.