Dr. G. Ilacqua

The Applicant sought statutory accident benefits following a 2013 motor vehicle accident.

The Tribunal first extended the two-year limitation period under section 7 of the LAT Act, allowing the application to proceed.

On the substantive issues, the Tribunal found the Applicant did not sustain a catastrophic impairment under criterion (f) for mental and behavioural impairments, concluding his limitations were primarily physical due to a herniated disc rather than psychological.

However, the Tribunal found the disputed physiotherapy, chiropractic, and psychological treatment plans to be reasonable and necessary.

The Tribunal also excluded late-filed evidence from the Applicant and rebuttal reports obtained without notice by the Respondent.

The Applicant was awarded interest on overdue payments and a section 10 award of $1,077.43 for the Respondent's unreasonable delay in adjusting the 2017 plans.

No costs were awarded.

K.W., a young person charged with sexual assault, brought an application to admit expert evidence from a forensic psychologist, Dr. Ilacqua.

The evidence concerned K.W.'s intellectual functioning and susceptibility to suggestive questioning, aiming to assess the reliability and admissibility of a statement K.W. made to the victim's mother, L.G., under the duress provision of the Youth Criminal Justice Act (YCJA) s. 146(7).

The court granted the defence application, finding Dr. Ilacqua qualified and his opinion relevant and necessary to understand K.W.'s vulnerabilities and the potential for duress, given a broad interpretation of "duress" under the YCJA for statements made to non-persons in authority.

The accused, Y.Y., was convicted by a jury of assault and sexual exploitation against his daughter.

A sexual assault conviction was stayed under the Kienapple principle.

The assault, occurring when the complainant was 14, involved a prolonged physical attack including choking.

The sexual exploitation, when the complainant was 16, involved non-penetrative sexual touching.

The court considered aggravating factors such as breach of trust, the victim's age, and the profound psychological impact, including suicidal ideation and family ostracization.

Mitigating factors included no prior criminal record, stable employment, and low risk of reoffending.

Emphasizing denunciation and deterrence as per R. v. Friesen, the court imposed a total sentence of two years and six months imprisonment: two years for sexual exploitation and six months consecutive for assault.

Ancillary orders included DNA, weapons prohibition, non-communication, and SOIRA registration.

A s. 161 order was not available as the complainant was 16 at the time of the sexual offence.

The applicant sought statutory accident benefits for chiropractic and psychological treatment following a motor vehicle accident.

The respondent insurer denied the treatment plans based on insurer's examinations which concluded the applicant had reached maximum medical recovery and did not suffer from a psychological diagnosis.

The Licence Appeal Tribunal dismissed the appeal, finding the applicant failed to prove the treatments were reasonable and necessary, noting inconsistencies in her presentation, a lack of objective medical evidence, and her successful return to full-time employment.

A first-time offender pleaded guilty to assault causing bodily harm after unprovokedly assaulting a stranger on the street while intoxicated by alcohol and drugs.

The Crown sought 4-6 months custody followed by probation, while the defence sought a conditional sentence.

The court imposed a 9-month conditional sentence with restrictive conditions including house arrest and community service, followed by 2 years probation, along with a 3-year weapons prohibition and DNA order.

The sentencing emphasized rehabilitation prospects, the offender's youth, positive response to charges, and engagement with psychological counselling addressing underlying substance abuse and mental health issues.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including non-earner, attendant care, and housekeeping benefits, which the insurer denied.

The arbitrator found significant credibility issues with the applicant's evidence, noting surveillance footage that contradicted his claimed limitations and medical assessments indicating symptom magnification.

The arbitrator concluded that the applicant's ongoing issues were likely related to pre-existing degenerative conditions rather than the accident.

Consequently, the applicant failed to prove a complete inability to carry on a normal life or a reasonable necessity for the claimed attendant care and housekeeping services.

All claims for benefits, a special award, and interest were dismissed.

The accused pleaded guilty to sexually assaulting a 66-year-old vulnerable woman with a weapon in the maintenance room of an apartment building.

The assault involved forced fellatio, attempted anal penetration, forced crack cocaine use, and vaginal intercourse without protection.

The victim suffered severe physical injuries and devastating long-term psychological trauma including post-traumatic stress disorder.

The court imposed a sentence of 6.5 years less 14 months pre-trial custody, resulting in a further 5 years and 4 months incarceration, along with a lifetime firearms prohibition, DNA order, and 20-year Sexual Offender Information Registration Act compliance.