Dr. Matthew Faris

The plaintiff pedestrian was struck by the defendant's vehicle while crossing a street.

The defendant was found 100% liable.

The plaintiff had a highly complex pre-existing medical history, including chronic pain, sarcoidosis, and melanoma.

The court found the plaintiff suffered a mild traumatic brain injury and other injuries from the collision, which exacerbated his pre-existing conditions and impaired his ability to manage them.

The court assessed damages for the plaintiff and his family members, but reduced the total awards by 25% applying the crumbling skull principle, as the plaintiff would have been detrimentally affected by his pre-existing conditions regardless of the accident.

The injuries were found to meet the statutory threshold.

The applicant was injured in a motor vehicle accident and received income replacement benefits for over two years.

The insurer terminated benefits, arguing his ongoing disability was caused by pre-existing fibromyalgia and psychological issues, not the accident.

The arbitrator found the applicant was completely disabled from suitable employment but concluded that neither party presented reliable evidence on whether the accident caused the disability.

The arbitrator determined that the applicant bore the legal burden of proving causation.

Because the applicant failed to discharge this burden, his claim for ongoing income replacement benefits was dismissed.

The applicant was injured in a motor vehicle accident and sought payment for a physiotherapy treatment plan and an in-home assessment.

The insurer denied the claims, arguing the applicant's ongoing symptoms were related to pre-existing health conditions rather than the accident.

The arbitrator found that while some symptoms were pre-existing, the accident was a significant contributing factor to the applicant's shoulder and neck pain.

The arbitrator ordered the insurer to pay for the portion of the physiotherapy plan related to the neck and shoulders, as well as the cost of the in-home assessment.