Dr. Safakish

The applicant, a Justice of the Peace on long-term disability, sought judicial review of a decision by the Justices of the Peace Review Council recommending her removal from office.

The Council found she committed judicial misconduct by practicing law without a license or insurance on three occasions.

The applicant argued the hearing panel breached procedural fairness by not granting a further adjournment and that the penalty was unreasonable due to her cognitive disabilities.

The Divisional Court dismissed the application, finding the hearing was procedurally fair and the recommendation for removal was reasonable given the lack of reliable medical evidence supporting a cognitive deficit and the severity of the misconduct.

The applicant was injured in a motor vehicle accident and sought payment for a psychological assessment and physiotherapy services.

The respondent insurer denied the treatment plans on the basis that the applicant's injuries were predominantly minor and subject to the $3,500 cap under the Minor Injury Guideline (MIG).

The Tribunal found that the applicant failed to provide sufficient medical evidence to prove her chronic pain, fibromyalgia, and psychological impairments were caused by the accident or removed her from the MIG.

The application was dismissed, and the applicant was denied the claimed benefits, interest, and costs.