2 total
Application for accident benefits dismissed; applicant failed to prove psychological impairment warranting removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits and various treatment plans outside the Minor Injury Guideline (MIG) due to psychological impairments.
The Licence Appeal Tribunal found that the applicant failed to prove a substantial inability to perform the essential tasks of his employment, noting he continued to work and earn similar income post-accident.
The Tribunal also found insufficient evidence of a psychological impairment to warrant removal from the MIG, preferring the respondent's psychological assessment over the applicant's.
The application was dismissed, and the applicant was found not entitled to the disputed benefits or interest.
Accused found guilty of sexual assault and sexual interference against a two-year-old child.
The accused was tried for sexual assault and sexual interference against a two-year-old child he was babysitting.
The Crown's case relied on statements the child made to his mother shortly after the incident and DNA evidence from a semen stain on the child's bed sheet that matched the accused.
The court admitted the child's hearsay statements for their truth and rejected the defence's theory of innocent transfer of DNA.
The court found the Crown proved beyond a reasonable doubt that the accused touched the child for a sexual purpose and applied force.
The accused was found guilty on both counts.