Dr. Fazl

The appellant sought statutory accident benefits after suffering a spinal cord hemorrhage and paraplegia following a stressful incident involving aggressive driving by motorcyclists and her driver.

The Licence Appeal Tribunal denied benefits, finding the incident did not meet the causation test for an 'accident' under the Statutory Accident Benefits Schedule.

On appeal and judicial review, the Divisional Court quashed the decision, finding the Tribunal's analysis of the expert medical evidence unreasonable and its application of the intervening cause and dominant feature tests legally flawed.

The matter was remitted for a fresh hearing.

The plaintiffs brought a motion to amend the Trial Record to remove the defendants' Amended Statement of Defence, and a motion to set aside a previous consent order dismissing the action against their own insurer, The Co-Operators.

The defendants brought a cross-motion for leave to amend their statement of defence to plead 'inevitable accident' due to a brain tumour.

The court granted the defendants' motion to amend, finding no non-compensable prejudice to the plaintiffs.

The court dismissed the plaintiffs' motion to amend the Trial Record and their motion to set aside the consent order, finding no material change in circumstances or mutual mistake that would justify setting aside the final order.

The applicant was injured in a motor vehicle accident and applied for arbitration regarding his entitlement to income replacement and medical benefits.

The parties settled the substantive issues prior to the hearing for a lump sum of $5,000, but could not agree on the quantum of expenses payable to the applicant.

The arbitrator assessed the applicant's expenses, allowing his legal fees in full as reasonable, but reducing several claims for disbursements, including medical reports and photocopies, on the basis that they were partially incurred for the applicant's concurrent tort action or were excessive.

The insurer was ordered to pay $8,110.57 in total expenses.