Dr. Rosso

The applicant sought entitlement to various medical and rehabilitation benefits, including assistive devices, chiropractic treatment, physiotherapy, Botox treatment, a diagnostic nuclear imaging assessment, and pilates expenses, following a motor vehicle accident.

The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to prove on a balance of probabilities that the disputed treatment plans and expenses were reasonable and necessary.

The Tribunal preferred the evidence of the respondent's assessors, who opined that the applicant did not require assistive devices, had reached maximum medical recovery, and did not require further facility-based treatment.

The plaintiff suffered a severe traumatic brain injury in a multi-vehicle highway collision.

He lost control of his vehicle after being cut off by an unidentified driver, struck the median, and was subsequently T-boned by the defendant's vehicle.

The court found the unidentified driver 70% liable and the defendant 30% liable for following too closely.

The plaintiff was awarded over $3.2 million in damages, primarily for future care costs.

The plaintiff's claim against his own insurer for unidentified motorist coverage was dismissed because the identified defendant was found partially liable.