3 total
The court granted the defendants' motion to compel a psychological assessment and allow late service of the resulting expert report.
The defendants moved for an order compelling the plaintiff to attend a psychological assessment and for leave to serve the resulting report after the expert report deadline, in the context of a personal injury action arising from a 2017 motor vehicle collision.
The court granted the motion, finding that both parties bore responsibility for the lack of an expert report schedule and that fairness required the defendants be permitted to respond to the plaintiff’s psychological claims.
The court also granted leave for late service of the report, provided it was served by April 4, 2025, and encouraged the parties to resolve costs.
Application for income replacement benefits dismissed due to credibility issues and failure to disclose prior injuries.
The applicant sought income replacement benefits (IRBs) following a motor vehicle accident, claiming she was unable to return to her pre-accident employment as a retail customer service representative.
The insurer denied the claim, citing surveillance evidence, failure to disclose a prior workplace injury, and failure to disclose an offer of modified work from her employer.
The Tribunal dismissed the application, finding the applicant's evidence unpersuasive due to these omissions and preferring the insurer's medical assessments, which included validity testing and found no objective physical impairment.
Sole custody of a child is granted to a long-term caregiver over the biological mother.
The court determined custody of a child, Adriel, among his biological father (Hernandez), biological mother (Nikas), and long-term caregiver (Stewart).
The father initially sought custody but later supported the caregiver's claim.
The mother opposed both and sought primary care.
The court found the mother's lifestyle unstable, marked by drug use, conflict, and lack of insight into the child's needs, and that she had abdicated parental responsibilities for three years.
In contrast, the caregiver provided stability and a child-focused environment.
The court granted sole custody to the caregiver, Kelsie Stewart, emphasizing the child's best interests over biological ties, and ordered specific access for both parents.
Child support was also addressed.
