2 total
The court dismissed a self-represented plaintiff's medical malpractice claims due to a lack of admissible expert evidence.
The plaintiff, Cary Beazley, sued 27 physicians and Queensway Carleton Hospital for medical malpractice, alleging delayed diagnosis and treatment of Lyme disease.
Three motions for summary judgment were heard: one by the defendant physicians, one by the Hospital, and a cross-motion by the plaintiff seeking a finding of liability in his favour.
The court dismissed the plaintiff's claims against all defendants, finding that the plaintiff failed to provide admissible expert evidence to support his claims in negligence, negligent misrepresentation, and breach of fiduciary duty.
The court also denied the plaintiff's request to file a second expert affidavit and to be qualified as an expert.
Insurer ordered to pay physiotherapy, housekeeping benefits, and one assessment cost; other assessments denied for procedural non-compliance.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits from her insurer.
The insurer denied a physiotherapy treatment plan, terminated housekeeping benefits, and refused to pay for several medical assessments.
At arbitration, the arbitrator found the physiotherapy treatment plan to be reasonable and necessary, rejecting the insurer's DAC assessor whose opinion improperly relied on vehicle damage estimates.
The arbitrator also reinstated the housekeeping benefits, finding the applicant suffered a substantial inability to perform her pre-accident chores, and preferred the evidence of the applicant and her family over the insurer's occupational therapist.
The arbitrator awarded the cost of one orthopaedic assessment but denied two others because the applicant failed to follow the required pre-approval process.
Interest was awarded on the overdue housekeeping benefits.
