Dr. Isabelle Cote

The applicant sought income replacement benefits (IRBs) following a motor vehicle accident, while the insurer sought repayment of IRBs previously paid.

The Tribunal found that issue estoppel did not bar the application despite a prior FSCO decision.

However, the applicant failed to prove a substantial inability to perform the essential tasks of her employment within 104 weeks of the accident, disentitling her to IRBs.

The Tribunal also dismissed the insurer's claim for repayment, finding the IRBs were paid as a strategic decision rather than in error, and that the insurer was estopped from seeking repayment.

Claims for interest, a special award, and costs were all dismissed.

The accused were charged with multiple offences following the theft of two motor vehicles and a subsequent police apprehension where officers fired approximately 60 shots at the vehicles.

The accused argued for a stay of proceedings, alleging their Charter rights were violated due to racial profiling and excessive use of force by the police.

The court found no evidence of racial profiling and concluded the police force, while perhaps objectively excessive in hindsight, was a reactive response to a perceived threat to their lives, thus not violating section 7 of the Charter.

The court acquitted the accused of assault with a weapon and attempted murder, finding the Crown failed to prove intent to strike the officers, but convicted the accused of dangerous driving, failing to stop at the scene of an accident, and theft-related charges.

The applicant sought caregiver benefits following a minor motor vehicle accident, claiming physical and psychological impairments substantially disabled her from caring for her young daughter.

The arbitrator dismissed the claim, finding the applicant lacked credibility and failed to provide objective medical evidence of a substantial inability to perform caregiving duties.

Surveillance evidence and inconsistencies in testimony further undermined her claim that she incurred caregiving expenses.

The applicant was ordered to pay the insurer's arbitration expenses due to the unmeritorious nature of the claim.