Michel P. Rathbone

The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.

The Tribunal found the applicant was substantially unable to perform the essential tasks of her pre-accident employment as a nanny and hotel housekeeper within the first 104 weeks post-accident due to physical injuries, awarding IRBs for that period.

However, the Tribunal denied IRBs beyond the 104-week mark, finding the applicant failed to prove she was completely unable to engage in any reasonably suitable employment, noting she had returned to work in a lighter capacity and giving little weight to her expert reports due to the lack of an interpreter during assessments.

The defendants sought summary judgment in a medical negligence action, proposing to address causation and standard of care.

The case management judge, applying the Hryniak v. Mauldin framework, assessed whether the proposed motion, requiring a mini-trial with extensive viva voce expert evidence, would be proportionate, timely, and affordable.

Given the complexity of competing medical opinions on delayed diagnosis and the effectiveness of antiviral treatment, the anticipated length of the mini-trial (7-10 days), and the unlikelihood of resolving all triable issues, the judge concluded that the motion would not meet the goals of efficient dispute resolution.

Consequently, the defendants' proposed summary judgment motion was denied, and the scheduled motion dates were vacated, with the judge remaining seized to schedule an early trial.

The applicant, a 14-year-old high school student, sustained a mild traumatic brain injury when she was struck by a car as a pedestrian.

She applied for non-earner benefits, which the insurer terminated after 104 weeks.

The arbitrator found that the applicant's post-accident life was significantly altered by cognitive fatigue, reduced processing speed, and anxiety, requiring extensive accommodations and therapy to complete high school.

Rejecting the insurer's medical assessments, the arbitrator concluded the applicant suffered a complete inability to carry on a normal life and awarded ongoing non-earner benefits and interest.

The insurer appealed an arbitrator's decision awarding the claimant non-earner, medical, attendant care, and housekeeping benefits following a bicycle-streetcar collision.

The central issue at arbitration was whether the claimant's post-accident decline was caused by the accident or the natural progression of a pre-existing polyneuropathy.

The Director's Delegate allowed the appeal and ordered a new hearing, finding that the arbitrator failed to provide adequate reasons for rejecting the insurer's medical evidence and accepting the claimant's medical evidence on the issue of causation.

The applicant, who suffered from secondary progressive multiple sclerosis, was injured in a motor vehicle accident when she was knocked to the ground by a reversing truck.

She applied for statutory accident benefits, claiming the accident accelerated her deterioration and caused a complete inability to carry on a normal life.

The arbitrator found that while the accident caused a short-term exacerbation of her symptoms, it did not materially contribute to her long-term impairments or continuously prevent her from engaging in substantially all of her pre-accident activities.

Claims for non-earner benefits and assistive devices were dismissed, but the cost of two assessments was awarded as they were reasonably incurred.

The applicant was injured in two motor vehicle accidents and sought ongoing statutory accident benefits, including weekly benefits and medical/rehabilitation expenses, after the insurer terminated them in August 1992.

The applicant claimed ongoing disability due to physical injuries, aggravated multiple chemical sensitivities, and chronic fatigue.

The arbitrator found that the applicant suffered from longstanding pre-accident psychiatric and physical problems, including somatization disorder, and that she had substantially returned to her pre-accident level of activity by the time benefits were terminated.

The claim for ongoing weekly benefits was dismissed, though certain medical, rehabilitation, and transportation expenses incurred prior to the termination date were allowed.

The arbitrator declined to make a special award but granted the applicant her arbitration expenses.