Dr. Levine

The applicant sought statutory accident benefits for a $4,470 physiotherapy treatment plan following a 2018 motor vehicle accident.

The insurer denied the plan on the basis that it was not reasonable and necessary, relying on an independent medical examination which concluded the applicant had reached maximal medical recovery.

The Tribunal agreed with the insurer, finding that the treatment plan was identical to a previously approved plan and the applicant failed to demonstrate why continued facility-based treatment was required given his pre-existing conditions and lack of objective accident-related impairments.

The application was dismissed, along with claims for interest and a special award.

The defendants brought a motion for summary judgment to dismiss the plaintiff's medical malpractice claim regarding therapeutic Botox injections.

The court found the action was statute-barred because the plaintiff had actual knowledge of the material facts and attributed her symptoms to the Botox treatment well beyond the two-year limitation period.

Furthermore, the court held that the plaintiff's failure to produce expert evidence establishing a breach of the standard of care and causation meant there was no genuine issue requiring a trial.

The motion for summary judgment was granted and the action dismissed.