Dr. Scher

The plaintiff was injured in two separate motor vehicle accidents and brought actions against both drivers.

The trial judge struck the jury due to the complexity of the plaintiff's medical history and found the plaintiff 100% liable for the first accident, but the defendant Hayik 100% liable for the second.

The trial judge awarded damages and made a Sanderson order requiring Hayik to pay the successful first defendant's costs.

On appeal, the Court of Appeal upheld the trial judge's decisions on striking the jury, liability, and damages, but set aside the Sanderson order, finding that the two actions were independent and the plaintiff had the ability to pay the costs of the unsuccessful action.

The applicant was severely traumatized in a motor vehicle accident and received extensive psychological treatment for post-traumatic stress disorder.

The insurer terminated payments for the treatments, arguing they were no longer reasonable in frequency or duration.

The arbitrator found that while ongoing psychotherapy was appropriate, the frequency of two to three visits per week over several years was excessive.

The insurer was ordered to pay 50 per cent of the outstanding accounts.

Additionally, the arbitrator granted a special award of $2,500 because the insurer violated the 'pay pending dispute' provision by withholding payments while the dispute was ongoing.

The applicant, a professional folk singer, was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.

The insurer terminated benefits, arguing he was capable of returning to work.

The arbitrator found that the applicant suffered from severe post-traumatic depression, largely stemming from his genuine belief that he could no longer sing professionally due to dental and facial injuries.

Applying section 12(5)(b) of the Statutory Accident Benefits Schedule, the arbitrator concluded the applicant was continuously prevented from engaging in any occupation for which he was reasonably suited by education, training, or experience.

Ongoing weekly income benefits, interest, and expenses were awarded.