Dr. Paula Williams

2 total

SP

Applicant removed from Minor Injury Guideline due to chronic pain and psychological impairments; treatment plans approved.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found the applicant's chronic pain and psychological impairments warranted removal from the MIG.

The Tribunal ordered the respondent to pay for a psychological assessment and occupational therapy treatment, plus interest on overdue payments.

The applicant's request for a special award under s. 10 of Regulation 664 was dismissed, as there was no evidence the respondent unreasonably withheld or delayed payments.

Ouellette v. Co-operators General Insurance Company, 2023 CanLII 40088

Chronic Pain Specialist and Family Physician · chronic pain · Retained by Applicant

JC

J. Kendall Cumming

1 case2019–2019

AH

Asher G. Honickman

In Private Practice24 cases2012–2026

AP

Andra M. Pollak

SCJ202 cases2012–2026

SCJJun 20, 2019

Summary judgment dismissing action as statute-barred denied; claim not discoverable until medical diagnosis of permanent impairment.

The defendant brought a motion for summary judgment to dismiss the plaintiff's motor vehicle accident claim, arguing it was statute-barred as it was commenced more than five years after the accident.

The plaintiff argued the claim was not discoverable until she received a medical opinion indicating her injuries met the statutory threshold for permanent serious impairment.

The court found that the plaintiff did not have a sufficient body of evidence to know her claim had a substantial chance of succeeding until she was diagnosed with fibromyalgia years later.

The court dismissed the defendant's motion and granted partial summary judgment in favour of the plaintiff, dismissing the limitations defence.