Dr. S.M.

The applicants sought statutory accident benefits for psychological injuries sustained after their family member witnessed a fatal motor vehicle accident.

In a previous preliminary issue decision, the Tribunal found the applicants were not 'insured persons' under the Schedule because the family member did not sustain a physical injury.

The applicants brought a new application raising a constitutional challenge to the Schedule and tendering new medical reports.

The Tribunal dismissed the application, holding it was barred by res judicata.

The Tribunal found the constitutional issue could have been raised previously, and the new medical reports did not conclusively impeach the original finding that no physical injury was sustained.

The applicant sought a review of the Children's Aid Society's decision to remove a seven-year-old child who had been placed with her for adoption.

The Society removed the child after investigations into the applicant's behaviour raised concerns about her mental health.

A parenting capacity assessment diagnosed the applicant with a paranoid personality trait and delusional disorder.

The Board found the assessment credible and concluded that the applicant's untreated mental health issues posed significant psychological risks to the child.

The Board confirmed the Society's decision, finding that the adoption placement was not in the child's best interests.