Dr. Jeffrey Price

The appellant was injured in a motor vehicle accident and claimed significant neurological, psychological, and physical injuries.

At trial, the jury awarded $30,000 for general damages and $48,000 for past lost income, rejecting claims for future loss.

The appellant appealed, arguing the trial judge failed to adequately instruct the jury on the 'material contribution' test for contributory causation.

The Court of Appeal found that while the trial judge erred in his instruction by not referring to the appellant's overall post-accident condition, the error occasioned no substantial wrong or miscarriage of justice given the evidence and the jury's verdict.

The applicant was severely traumatized in a motor vehicle accident and received extensive psychological treatment for post-traumatic stress disorder.

The insurer terminated payments for the treatments, arguing they were no longer reasonable in frequency or duration.

The arbitrator found that while ongoing psychotherapy was appropriate, the frequency of two to three visits per week over several years was excessive.

The insurer was ordered to pay 50 per cent of the outstanding accounts.

Additionally, the arbitrator granted a special award of $2,500 because the insurer violated the 'pay pending dispute' provision by withholding payments while the dispute was ongoing.