Mr. Cook

The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits, physiotherapy, psychological services, and a psychological assessment.

The respondent denied the benefits.

The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove the treatment plans were reasonable and necessary.

The Tribunal also found the applicant did not suffer a complete inability to carry on a normal life, relying on independent medical examinations indicating the applicant continued to work and attend school without significant functional limitations.

Claims for interest and an award for unreasonable delay were also dismissed.

The plaintiff brought a motion to exclude a defendant from her examination for discovery, citing intimidation and fear of tailored evidence.

The court dismissed the motion, affirming a litigant's inherent right to be present at discovery unless exceptional circumstances, such as a real and substantial probability of intimidation or evidence tailoring, are proven.

The court found the plaintiff's discomfort and anxiety insufficient for exclusion and noted the defendant's evidence could be impeached by prior statements.

Costs were awarded to the successful defendants on a partial indemnity basis.