Dr. Karen Gordon

The applicant sought a determination of catastrophic impairment (CAT) under Criterion 8 (mental and behavioural disorders) and entitlement to post-104-week income replacement benefits (IRBs) following a motor vehicle accident.

The Tribunal found that the applicant's psychological and physical impairments were primarily caused by a pre-existing slip and fall incident, not the motor vehicle accident.

The Tribunal noted significant credibility issues, including surveillance footage and evidence of the applicant's ongoing involvement in complex real estate and construction projects, which contradicted his reported functional limitations.

The application was dismissed, and claims for an award and interest were denied.

The plaintiff tripped and fell at the defendant hospital, which admitted liability for the hazard.

The plaintiff claimed the physical injuries from the fall prevented her from caring for her terminally ill husband at home, forcing his return to the hospital where he died.

She sought damages for severe psychological injury (PTSD) stemming from her guilt over failing to fulfill his dying wish.

The court dismissed the claim, finding the plaintiff failed to establish factual causation, as her physical pain likely resulted from the unreasonable strain of caring for her husband alone, and her psychological symptoms were more likely attributable to pre-existing depression and complex bereavement.

The court further held that the alleged chain of causation was too remote to establish legal foreseeability.