Ms. Elyse Freedman

The applicant sought statutory accident benefits following a motor vehicle accident while a passenger in a stolen truck.

The Tribunal found that the applicant knew or ought to have known the vehicle was stolen, barring him from receiving income replacement benefits under section 31(1)(c) of the Schedule.

The Tribunal also determined that the applicant did not sustain a catastrophic impairment under Criterion 8, preferring the respondent's medical assessments which indicated his mental and behavioural impairments were largely pre-existing and related to longstanding substance abuse.

The applicant's claims for benefits, interest, and an award were dismissed, and costs of $300 were awarded to the respondent due to the applicant's failure to attend cross-examination.

The applicant sought a determination of catastrophic impairment and entitlement to attendant care benefits, cost of examinations, interest, and an award following a 2007 motor vehicle accident.

The Licence Appeal Tribunal found the applicant sustained a catastrophic impairment under Criterion 8, specifically a Class 4 Marked impairment in the domain of Activities of Daily Living due to chronic pain and psychological impairments.

The Tribunal awarded attendant care benefits at $507.03 per month for feeding, along with the costs of an occupational therapy situational assessment and an in-home attendant care assessment.

Claims for a triage assessment, an award under Regulation 664, and costs were dismissed.

The applicant sought a determination of catastrophic impairment and entitlement to attendant care benefits and cost of examinations following a 2007 motor vehicle accident.

The Licence Appeal Tribunal found that the applicant sustained a catastrophic impairment under Criterion 8, specifically a Class 4 Marked impairment in the domain of Activities of Daily Living due to chronic pain and psychological impairments.

The Tribunal awarded attendant care benefits at $507.03 per month retroactively to October 2009, along with interest.

The applicant was also awarded the costs of specific occupational therapy and attendant care assessments.

Claims for a triage assessment, a Regulation 664 award, and costs were dismissed.

Following a determination that the applicant was catastrophically impaired as a result of a motor vehicle accident, the applicant sought her expenses for the arbitration hearing.

The arbitrator found the applicant was entirely successful and entitled to her expenses.

After reviewing the claimed fees and disbursements, including expert witness fees and preparation time, the arbitrator awarded the applicant $51,679.28 inclusive of fees, disbursements, and HST.