Nir Tamir

The applicant, who was catastrophically impaired following a motorcycle accident, sought attendant care benefits of $6,000 per month for 24-7 supervision, along with medical benefits for physiotherapy and chiropractic treatment.

The Tribunal found that the applicant did not require 24-7 supervision, noting improvements in his condition and inconsistencies in the evidence regarding his need for constant care due to substance abuse and suicidal ideation.

The Tribunal awarded attendant care benefits of $3,047.29 per month.

The Tribunal also partially approved a physiotherapy treatment plan to help manage chronic pain, but denied a second treatment plan for chiropractic and physiotherapy services as excessive and duplicative.

Claims for interest and a special award were dismissed.

The applicant sought a non-earner benefit and the cost of an in-home assessment following a motor vehicle accident.

The adjudicator found the applicant was not a reliable witness and had failed to disclose significant post-accident activities, such as travelling, working, and doing housework, to her medical assessors.

Consequently, the adjudicator placed little weight on the applicant's medical reports and concluded she did not meet the stringent test for a non-earner benefit.

However, the adjudicator ordered the respondent to pay for the incurred in-home assessment and applicable interest.

The applicant's request for costs was denied.

Following an arbitration hearing where the insurer was almost entirely successful in defending the applicant's claims for statutory accident benefits, the insurer sought its expenses of the proceeding.

The arbitrator found that the insurer was entitled to its reasonable expenses based on its degree of success.

After reviewing the hours claimed and applying the appropriate Legal Aid rates, the arbitrator fixed the insurer's expenses at $15,000, inclusive of fees, disbursements, and taxes, and ordered the applicant to pay this amount.

The applicant was injured in a motor vehicle accident while driving a tractor trailer and sustained a catastrophic impairment.

He sought various statutory accident benefits, including caregiver, income replacement, housekeeping, attendant care, and medical benefits.

The arbitrator dismissed the majority of the claims, citing significant credibility issues, surveillance evidence showing the applicant performing demanding physical activities, and a failure to provide documentation regarding post-accident employment and income.

The insurer was ordered to pay for one specific treatment plan at the catastrophic impairment rate, but the claim for a special award was denied.

The plaintiff, a cyclist with significant pre-existing psychological and cognitive vulnerabilities, was struck by a police cruiser while riding through a pedestrian crosswalk at night.

The court apportioned liability 60% to the defendant police officer and 40% to the plaintiff.

Applying the thin skull rule, the court found the collision exacerbated the plaintiff's pre-existing conditions and caused a mild traumatic brain injury, rendering him completely disabled and requiring 24/7 attendant care.

Total damages were assessed at over $5.2 million, reduced to $3,131,370 after accounting for contributory negligence.