Maike McCaskell

The parties brought competing interim motions concerning child and spousal support.

The applicant sought support based on his CPP disability income, while the respondent sought to impute income to the applicant due to alleged underemployment.

The court declined to impute income to the applicant at the interim stage, citing an incomplete and untested evidentiary record.

Interim child and spousal support were ordered based on the parties' reported incomes, and section 7 expenses were apportioned.

A disclosure order was also granted by consent.

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them.

The applicant applied for arbitration, claiming ongoing entitlement due to complete inability to engage in employment.

The arbitrator found that the accident materially contributed to the applicant's disability, exacerbating pre-existing injuries and causing chronic pain and depression.

The applicant was awarded income replacement benefits for both the pre- and post-104 week periods, along with interest and arbitration expenses.

The applicant, who was left with partial quadriplegia following two motor vehicle accidents, sought statutory accident benefits for the purchase and renovation of a new home to accommodate his needs.

The insurers had advanced $135,000 based on the estimated cost of renovating his previous townhouse, arguing they were not responsible for the capital cost of a new home.

The arbitrator found that while the applicant reasonably required extensive home modifications, including an additional bedroom, an accessible bathroom, and an elevator, the insurers were not obligated to fund the purchase price of the freehold home itself.

The arbitrator ordered the insurers to pay $153,410 for renovations and the capital cost of an additional bedroom, plus a project management fee, but dismissed the claim for a special award, finding the insurers had not unreasonably withheld payments.