Dr. Judy Wilkins

The plaintiffs sought damages arising from a motor vehicle accident caused by an impaired driver, which resulted in the death of their infant son and injuries to the mother and two other sons.

Liability was admitted, and the trial proceeded as an assessment of damages.

The court found that the mother's physical and psychological injuries, as well as the psychological injuries of the two surviving sons, met the threshold for permanent serious impairment under the Insurance Act.

The court awarded non-pecuniary damages, past and future income loss, and Family Law Act damages for loss of care, guidance, and companionship.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, claiming he was catastrophically impaired due to mental and behavioural disorders.

The insurer disputed the claim.

Following a lengthy arbitration hearing, the arbitrator found the applicant and his treating professionals to be highly credible, detailing a severe deterioration in his mental health, including major depression and suicidal ideation.

The arbitrator rejected the insurer's expert evidence as biased and superficial.

Applying the AMA Guides, the arbitrator concluded the applicant suffered marked impairments in multiple domains of functioning and was therefore catastrophically impaired pursuant to clause 2(1.2)(g) of the Schedule.