Dr. Saltstone

The applicant, an intercity bus driver, was injured in a motor vehicle accident and sought post-104 income replacement benefits (IRBs).

The respondent denied the benefits, arguing the applicant's return to part-time work as a mail courier demonstrated she did not suffer a complete inability to engage in suitable employment.

The Tribunal found that the applicant's cognitive decline, photophobia, and reduced stamina rendered her unable to perform the highly responsible duties of an intercity bus driver.

Relying on the applicant's recent neurological and neuropsychological assessments, the Tribunal concluded her condition had deteriorated over time and she met the post-104 test as of September 27, 2023.

The applicant was awarded IRBs from that date onward, plus interest.

Following the breakdown of a ten‑year marriage, the parties proceeded to trial regarding custody, access, child support, spousal support, and equalization of net family property.

Evidence established that the father exhibited significant paranoid ideation and suspicious behaviour affecting his parenting and relationship with the children, while refusing recommended psychological treatment.

The court accepted the Office of the Children’s Lawyer’s concerns that these behaviours negatively affected the children and blurred appropriate parent‑child boundaries.

Sole custody was granted to the mother, with reduced and conditional access for the father contingent on psychotherapy and subject to possible supervision by the Office of the Children’s Lawyer.

The court also addressed equalization, child support obligations, and dismissed the father’s claim for spousal support.