Dr. S. Hasan

The accused, who has a moderate to severe intellectual disability and Autism Spectrum Disorder, was found unfit to stand trial on two charges of assault causing bodily harm against group home workers.

The Ontario Review Board held an initial hearing and found that the accused remains unfit to stand trial, as they lack the ability to meaningfully participate in a court process or have a reality-based understanding of the proceedings.

The Board also found that the accused poses a significant threat to the safety of the public and ordered a Detention Order with conditions, including residence in a 24-hour supervised accommodation.

The applicant, a student, was injured in a motor vehicle accident and sought non-earner benefits under the Statutory Accident Benefits Schedule.

The respondent insurer terminated the benefits, relying on section 44 assessments.

The Tribunal found that the applicant suffered a complete inability to carry on a normal life, as he was unable to meaningfully and consistently engage in his pre-accident activities, including school and recreational activities, due to ongoing physical and psychological impairments.

The Tribunal preferred the applicant's medical evidence over the respondent's assessors, who failed to properly apply the legal test.

The applicant was awarded non-earner benefits and interest, but his claim for a special award was dismissed as there was no evidence the insurer acted unreasonably or in bad faith.

The applicant was struck by a vehicle as a pedestrian and sought statutory accident benefits, including non-earner benefits and various medical and rehabilitation treatment plans.

The Licence Appeal Tribunal dismissed the claim for non-earner benefits, finding that the applicant's functionality had improved and he did not suffer a complete inability to carry on a normal life, as evidenced by his return to post-secondary education and independence with self-care.

The Tribunal approved treatment plans for a chronic pain assessment and a functional abilities evaluation, finding them reasonable and necessary to investigate ongoing impairments.

The remaining claims for treatment plans and an award for unreasonable delay were dismissed.