Kelly Farrell

The applicant sought a determination that he sustained a catastrophic impairment under Criterion 8 of the Schedule and claimed entitlement to a post-104 income replacement benefit (IRB) following a motor vehicle accident.

The Tribunal found that the applicant did not meet the threshold for catastrophic impairment, as he did not demonstrate a marked impairment in at least two of the four functional domains, specifically finding his social functioning was compatible with some useful functioning.

However, the Tribunal granted the applicant's claim for a post-104 IRB, finding that the combination of his physical, psychological, cognitive, and visual impairments resulted in a complete inability to engage in any employment for which he was reasonably suited by education, training, or experience.

Interest was awarded on the overdue IRB payments.

The applicant sought a determination of catastrophic impairment under Criterion 8 (mental and behavioural disorders) and entitlement to various medical and rehabilitation benefits following a motor vehicle accident.

The Tribunal found that the applicant did not sustain a catastrophic impairment, placing limited weight on her experts due to her inconsistent self-reporting and failure to account for intervening events.

The Tribunal denied the disputed treatment plans for occupational therapy, physiotherapy, psychological services, and bathroom renovations, finding them not reasonable and necessary.

However, the Tribunal granted the cost of prescribed cannabis oil, noting that a treatment plan was not required for expenses under $250, and ordered a 35% award against the respondent for unreasonably withholding payment for the cannabis oil.

The plaintiff, a minor, suffered a severe traumatic brain injury in a boating accident when the tube he was being towed on struck another boat.

The plaintiff's father, who was operating the boat, was noted in default.

The court found the father negligent and reckless, but concluded he did not have knowledge that the loss would probably result, meaning the $1,000,000 liability cap under the Marine Liability Act applied.

Damages were assessed well in excess of the cap, but recovery was limited to $1,000,000 in aggregate for the minor and his mother.

A personal injury trial, which had been estimated to last 5-6 weeks, was declared a mistrial after 4.5 weeks due to grossly inaccurate trial duration estimates provided by counsel.

The court emphasized the critical importance of accurate estimates for the efficient administration of justice, juror experience, and access to justice for other litigants.

Despite repeated warnings and attempts to manage the schedule, the trial could not be completed within the confirmed timeframe.

The judge found that the pace of the trial, coupled with counsel's shifting strategies and "desperation" to conclude, made a fair and just completion impossible, necessitating the regrettable decision to declare a mistrial to prevent further waste and uphold the integrity of the justice system.

The plaintiff was injured in a motor vehicle collision when the defendant driver failed to yield the right-of-way at an intersection.

The plaintiff suffered a mild traumatic brain injury, depression, and chronic pain, which substantially interfered with her employment and daily life.

The court found the defendant driver fully liable and his employer vicariously liable.

The court held that the plaintiff's injuries met the statutory threshold for non-pecuniary damages and awarded $100,000 in general damages, $50,000 for loss of competitive advantage, and $45,000 in Family Law Act damages.

The court also discharged the jury due to inflammatory opening statements by defence counsel.