Dr. Kevin Jones

The appellant appealed the City of Peterborough's failure to adopt an Official Plan Amendment and its neglect to make a decision on a Zoning By-law Amendment.

The amendments sought to change the designation of the subject lands from Commercial to High Density Residential to permit a 76-unit, 7-storey residential building.

The Tribunal heard extensive expert evidence on land-use planning, ecology, transportation, and engineering.

The Tribunal preferred the evidence of the appellant's experts and City staff, finding that the proposal represents an appropriate infill development that is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and has adequate regard for environmental and safety concerns.

The appeals were allowed and the amendments approved.

The applicant was injured in a motorcycle accident and applied for catastrophic impairment benefits, which the insurer denied.

The central issue was whether the applicant's impairments met the 55% Whole Person Impairment (WPI) threshold, with the insurer arguing that a pre-existing back condition accounted for a significant portion of his current disability.

The arbitrator rejected the insurer's expert evidence regarding the pre-existing condition and symptom magnification, finding the applicant's experts more reliable.

The arbitrator concluded that the applicant sustained a catastrophic impairment as a direct result of the accident and awarded him his full arbitration expenses.

The plaintiff sought damages arising from childhood sexual assaults committed by a priest who stood in a position of trust and authority.

Civil liability was established through the defendant's criminal conviction, leaving quantum as the sole issue.

The court awarded substantial non-pecuniary damages, pecuniary damages for lost college-level earning capacity and future treatment costs, punitive damages, and prejudgment interest.

The court accepted expert psychological and accounting evidence linking the abuse to long-term psychiatric injury, impaired educational attainment, reduced occupational achievement, and ongoing treatment needs.