Ms. Malik

The applicant sought statutory accident benefits following a motor vehicle accident.

The insurer denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant's physical injuries were strictly musculoskeletal and that he did not suffer a psychological impairment warranting removal from the MIG.

The Tribunal preferred the evidence of the insurer's independent examiners over the applicant's occupational therapist and psychotherapist.

The applicant also failed to prove entitlement to a non-earner benefit, as he provided no evidence comparing his pre- and post-accident activities.

The application was dismissed.

The plaintiff underwent bariatric surgery performed by the defendant.

The defendant took down a prior fundoplication without the plaintiff's informed consent, causing severe acid reflux that ultimately required the removal of the plaintiff's stomach.

The court found the defendant breached the standard of care by performing a contraindicated surgery without adequate experience and without obtaining informed consent.

The limitation period defence failed as the plaintiff only discovered the cause of her injuries later.

The court awarded general damages and Family Law Act damages to the plaintiffs.