Dr. Ronald MacDonald

2 total

SO

Motion to restore action to trial list dismissed due to unexplained delay and actual prejudice.

The plaintiff brought a motion to restore his motor vehicle accident claim to the trial list after it was struck due to multiple adjournments.

The plaintiff argued the delay was intentional to allow for a catastrophic impairment assessment and to join related actions.

The court found the plaintiff failed to provide an acceptable explanation for the delay, noting he had not even applied for the catastrophic impairment designation.

Furthermore, the court found the defendant would suffer actual, non-compensable prejudice because two key medical witnesses could no longer be located.

The motion to restore the action to the trial list was dismissed.

Karabas v. Economical Mutual Insurance, 2015 ONSC 2115

Neurologist · neurology · Retained by Respondent

JB

Jeffrey R. Baum

2 cases2003–2015

IO

Ian Outerbridge

2 cases2001–2003

CR

C. Gordon Ross

2 cases2002–2003

AV

Alexander M. Voudouris

In Private Practice25 cases1993–2026

SS

Susan Sapin

OFSCDRS10 cases1997–2025

OFSCDRSJan 8, 2003

Unconventional 'Vistasp' therapy denied as a medical benefit for lacking scientific basis; conventional therapies allowed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for various expenses, most notably over $100,000 for an unconventional treatment called 'Vistasp therapy'.

The arbitrator found that Vistasp therapy did not qualify as a 'good or service of a medical nature' under section 14 of the Schedule, as it lacked any scientific or medical basis, and was alternatively experimental, unreasonable, and unnecessary.

Claims for conventional therapies, Tai Chi, and dog-walking were allowed.

A special award of $1,000 was granted against the insurer for unreasonably denying the non-Vistasp claims.