Dr. John Townley

The applicant sought various statutory accident benefits following a motor vehicle accident, including physiotherapy services, an attendant care assessment, and a functional ability evaluation.

The respondent denied the benefits, relying on insurer's examinations which indicated the applicant had reached maximal recovery and returned to work.

The Licence Appeal Tribunal found that the applicant failed to prove on a balance of probabilities that the proposed treatment plans and assessments were reasonable and necessary.

The Tribunal dismissed all claims for benefits, interest, a section 10 award, and costs.

The minor plaintiff, who had a pre-existing condition making his bones prone to fracture, was injured while attempting to board a continuously moving amusement park ride.

The plaintiffs sued the amusement park operator for negligence under the Occupiers' Liability Act.

The court found the defendant breached its duty of care by failing to post warning signs, failing to provide verbal instructions that the ride did not stop, and failing to have sufficient staff present.

The court dismissed the defendant's claims of contributory negligence against the minor and his father.

Damages were awarded to the minor plaintiff and his parents, taking into account the minor's pre-existing condition under the crumbling skull rule.