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The court ruled the plaintiff met the statutory threshold for general damages due to severe, permanent psychological impairments caused by a motor vehicle accident.
This decision concerns a threshold motion following a jury trial for damages arising from a motor vehicle accident.
The court was required to determine whether the plaintiff, Carissa Marcantonio, suffered a "permanent serious impairment of an important physical, mental or psychological function" as defined by the Insurance Act.
After reviewing the evidence of the plaintiff, her family, friends, treating professionals, and expert witnesses, the court found that the plaintiff suffered a severe, permanent impairment of an important mental or psychological function as a result of the accident, entitling her to general damages as awarded by the jury.
Non-earner benefit awarded for period of defective denial notice; ongoing benefits and medical treatment denied.
The applicant sought a non-earner benefit and a medical benefit following a motor vehicle accident.
The Tribunal found that the insurer failed to provide a compliant denial notice for the non-earner benefit until November 26, 2016, and ordered payment of the benefit from the end of the 26-week deductible period until that date.
However, the Tribunal dismissed the claim for ongoing non-earner benefits, finding the applicant did not suffer a complete inability to carry on a normal life.
The claim for a medical benefit was also dismissed as the proposed treatment was not reasonable and necessary, given the applicant's extensive pre-existing back issues.
A claim for a special award under O. Reg 664 was dismissed.
Applicant found catastrophically impaired due to severe psychological and physical injuries; attendant care claims dismissed as not incurred.
The applicant was injured in a severe motor vehicle accident that resulted in the death of her brother and severe injuries to her mother.
She applied for catastrophic impairment designation based on physical and psychological impairments, including chronic pain, PTSD, and depression.
The arbitrator found that the applicant sustained a catastrophic impairment, meeting both the 55% whole person impairment threshold and the Class 4 marked impairment threshold for mental and behavioural disorders.
The arbitrator rejected the insurer's psychological assessment, finding it ignored relevant medical history and evidence of significant functional limitations.
Claims for attendant care and housekeeping benefits were dismissed because the expenses were not 'incurred' as required by the Schedule, as no invoices were submitted and family members did not establish economic loss.
The applicant was awarded $1,440 for travel expenses and interest on overdue benefits, but the claim for a special award was dismissed.
