Dr. Jason Archibald

The plaintiffs brought a negligence claim against the school board, principal, and vice-principal for injuries sustained by the student plaintiff during a schoolyard assault by other students.

The plaintiffs alleged that the school failed to properly supervise the students and investigate prior incidents of bullying, which culminated in an assault that caused permanent tinnitus.

The court found that while the school breached the standard of care in failing to investigate a prior incident and losing an accident report, these breaches did not cause the assault, which was a sudden and unexpected event during a hidden game of tackle football.

The claim was dismissed as the plaintiffs failed to establish cause in fact.

The applicant was injured in a rear-end motor vehicle accident and subsequently developed complete hearing loss in his left ear and partial hearing loss in his right ear due to a labyrinthine concussion.

He applied for non-earner benefits, housekeeping benefits, and a determination of catastrophic impairment.

The arbitrator found that the applicant's hearing loss and resulting psychological impairments continuously prevented him from engaging in substantially all of his pre-accident activities, entitling him to non-earner benefits.

The arbitrator also concluded that the applicant sustained a catastrophic impairment under criterion (g) of the Schedule, as his psychological impairments resulted in a Class 4 marked impairment in the sphere of social functioning.

The claim for housekeeping benefits was dismissed.

The insurer was ordered to pay the applicant's arbitration expenses.