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Application for accident benefits dismissed; applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought statutory accident benefits following a rear-end motor vehicle accident.
The respondent denied various treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to meet her burden of proving that her physical or psychological impairments warranted removal from the MIG, noting a lack of objective medical evidence for chronic pain or a concussion.
The application for disputed treatment plans, interest, and an award for unreasonable delay was dismissed.
The court granted the plaintiff an extension of time to file an expert report and set the action down for trial, finding no prejudice to the defendants.
The plaintiff, Penalta Group Ltd., brought a motion to extend deadlines for serving expert reports and setting the action down for trial, following a previous order that set aside an administrative dismissal for delay.
The defendant American Buildings Company opposed the motion, arguing for automatic reinstatement of the dismissal.
The court granted the extension for setting the action down for trial to November 3, 2022, and partially granted the extension for expert reports, specifically for Mr. Hartog's report to July 30, 2022.
However, a further extension for an additional expert report was denied due to insufficient evidence that an expert had been retained or how long it would take.
The court also granted leave for the plaintiff to continue the motion after serving the trial record.
