James Allen

The accused was charged with arson and manslaughter following a fatal fire at a rooming house.

The Crown's case relied heavily on two alleged confessions by the accused and his history of making threats to burn down the building.

The court found significant credibility and reliability issues with the Crown witnesses, many of whom suffered from mental health issues or had extensive criminal records.

Furthermore, the presence of a plausible alternate suspect with a motive raised a reasonable doubt.

The accused was found not guilty on both charges.

The applicant was injured in a motor vehicle accident and claimed ongoing weekly and lump sum education disability benefits under the Statutory Accident Benefits Schedule.

She argued that her back injuries prevented her from pursuing her intended career as a nurse, constituting a substantial inability to continue her education.

The arbitrator held that the Schedule does not compensate for loss of future career opportunity and found she was able to continue her post-secondary education in other fields.

However, the arbitrator found she suffered a partial inability to carry on a normal life for a limited period due to restrictions on her mobility activities, awarding weekly benefits for that closed period.