Dr. Irina Skladman

The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) beyond the date the insurer terminated them.

The adjudicator found that the applicant suffered a substantial inability to perform the essential tasks of his pre-accident employment as a gas station owner/operator, as his accident-related impairments prevented him from working the required hours.

The applicant was awarded IRBs for the disputed period, subject to a deduction of 70% of his post-accident employment income.

The insurer was entitled to a repayment of overpaid IRBs based on this deduction, and the applicant was awarded interest on overdue payments.

The appellant, suffering from a severe delusional disorder, was convicted of aggravated assault and assault with a weapon after representing himself at trial and refusing to raise a mental disorder defence.

On appeal, the Crown sought to introduce fresh psychiatric evidence establishing that the appellant was not criminally responsible on account of mental disorder (NCRMD).

The Court of Appeal admitted the fresh evidence, finding it met the Palmer test and was necessary to prevent a wrongful conviction.

The Court rejected the argument that entering an NCRMD verdict after ten years of proceedings constituted an abuse of process, emphasizing the public interest in protecting society and ensuring mentally ill individuals are not improperly labelled as criminals.

The appeal was allowed, convictions set aside, and a verdict of NCRMD substituted.