2 total
Catastrophic impairment claim dismissed due to pre-existing conditions; chiropractic treatment plan approved.
The applicant sought statutory accident benefits following a 2016 motor vehicle accident, claiming catastrophic impairment due to mental/behavioural disorders and physical impairments.
The Licence Appeal Tribunal found the applicant was not catastrophically impaired, as her psychological symptoms and knee osteoarthritis were pre-existing and not caused by the accident.
Claims for a non-earner benefit and various assessments were dismissed.
However, the Tribunal granted a treatment plan for chiropractic services, finding the applicant sustained permanent back injuries in the accident.
A claim for an award under Regulation 664 was dismissed, but interest was awarded on the overdue chiropractic benefits.
Application to appoint a guardian under the Substitute Decisions Act granted due to respondent's mental health incapacity.
The applicant sought to be appointed as the guardian for his cousin under the Substitute Decisions Act.
The respondent had been admitted to the hospital multiple times for suicidal ideation and was found incapable of consenting to medical treatment or administering his property.
The court granted the application, finding compelling medical evidence from the attending psychiatrist that the respondent required a substitute decision-maker.