3 total
Applicant's injuries remained within the Minor Injury Guideline, but insurer liable for physiotherapy due to late notice.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on a pre-existing condition, chronic pain, and psychological impairment.
The Tribunal found the applicant did not meet her onus to prove her injuries fell outside the MIG, preferring the insurer's medical evidence and noting an intervening slip and fall accident.
However, the Tribunal found the respondent failed to provide a timely notice under s. 38(8) of the Schedule for a $768.25 physiotherapy treatment plan, making the respondent liable for incurred amounts starting on the 11th business day after submission.
The application was otherwise dismissed.
Applicant deemed catastrophically impaired due to marked psychological impairments in three domains of function.
The applicant sought a determination that she sustained a catastrophic impairment as a result of a motor vehicle accident, specifically under criterion 8 (mental or behavioural disorder).
The Tribunal first dismissed preliminary motions to exclude the respondent's late expert report and to strike photographs of the applicant's injuries.
On the substantive issue, the Tribunal preferred the evidence of the applicant's expert psychologist, finding that the applicant suffered from severe depressive amotivation, pain avoidance, and dependency on her spouse.
The Tribunal concluded that the applicant sustained marked impairments in the domains of activities of daily living, concentration, persistence and pace, and adaptation.
Consequently, the applicant was deemed catastrophically impaired and awarded the outstanding cost of a catastrophic impairment assessment, plus interest.
A claim for a special award was dismissed.
The court sentenced a first-time offender to two years less a day for constructing a prison cell in an abandoned home as part of a thwarted kidnapping plot.
The accused pleaded guilty to breaking and entering a dwelling house with intent to commit forcible confinement.
Over an 18-month period, the accused made multiple entries to an abandoned home where he constructed a prison cell in the basement, complete with reinforced doors, sealed windows, and restraint apparatus.
The accused's plan was to kidnap and confine a specific individual, Gwen Armstrong, and demand ransom from her husband.
The court sentenced the accused to two years less a day, followed by three years probation with strict conditions including counselling and no contact orders.
The court emphasized denunciation and deterrence as the paramount sentencing principles.
