Dr. Moncion

The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and a chiropractic treatment plan.

The Licence Appeal Tribunal dismissed the claim for the non-earner benefit, finding the applicant's inconsistent self-reporting of her pre-accident activities and pre-existing conditions precluded a clear comparison under the Heath test.

However, the Tribunal approved the chiropractic treatment plan, noting the respondent's own occupational therapy assessor found the treatment relieved the applicant's pain.

The Tribunal also ordered the respondent to pay a 50% award under s. 10 of Reg. 664 ($1,300) for unreasonably withholding approval of the treatment plan despite having its own assessor's supportive report.

The mother brought a motion to suspend or restrict the father's access to their two children, alleging physical and sexual abuse by the father.

The court reviewed the admissibility of various hearsay statements, children's disclosures, and business records, including Children's Aid Society files.

The court found that the mother failed to demonstrate a material change in circumstances, as the abuse allegations were inconclusive following police and CAS investigations.

The court noted that supervised access visits had been positive and the children were safe in the father's care.

The mother's motion was dismissed, and the court ordered a gradual reintegration of the father's unsupervised access in accordance with a prior order.