Dr. Lorraine McFadden

The moving defendants sought to dismiss the plaintiff's personal injury action for failure to pay a previous costs award and failure to comply with an interlocutory order regarding undertakings.

The Master declined to dismiss the action, finding the plaintiff was impecunious.

The defendants also sought production of the plaintiff's accident benefits file from a subsequent motor vehicle accident and orders for two additional independent medical examinations.

The Master ordered the plaintiff to produce relevant documents from the subsequent accident benefits file and to attend the requested independent medical examinations with a neuropsychologist and a psychiatrist to ensure trial fairness.

The applicant, an elderly pedestrian, sustained a closed head injury when struck by a vehicle.

She claimed statutory accident benefits for care-giving services provided by her daughter and travel expenses for her granddaughter.

The arbitrator found that the accident materially contributed to the applicant's cognitive impairments.

However, applying the Court of Appeal's decision in Monochino, the arbitrator held that the applicant was not entitled to care-giver benefits because her daughter did not lose income and did not qualify as a professional care-giver.

The claim for travel expenses was dismissed as the trip was not for the applicant's benefit.

The claim for a special award was also dismissed.

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them based on a designated assessment centre report.

The applicant applied for arbitration, arguing he suffered a substantial inability to perform the essential tasks of his employment as a contract coordinator due to chronic pain syndrome and psychological issues.

The arbitrator found that the applicant was substantially unable to perform his essential tasks, noting that the DAC assessment was flawed and did not adequately consider his psychological issues and pain reactivity.

The insurer was ordered to pay ongoing income replacement benefits, provide an offer for loss of earning capacity benefits, and pay the applicant's arbitration expenses.

The applicant was injured in a motorcycle accident, sustaining a severe closed-head injury and spinal fractures.

He applied for statutory accident benefits, including education disability benefits (EDBs).

The insurer terminated his weekly EDBs and paid one lump sum EDB.

The arbitrator found that the applicant was entitled to a further lump sum EDB for the January 1996 semester because he was unable to successfully complete it as a result of the accident.

The arbitrator also found that the applicant was entitled to weekly EDBs from March 1996 to August 1997 because he suffered a substantial inability to continue his education and a partial inability to carry on a normal life, specifically regarding mobility and cognitive activities.