Sebastien Ferland

The applicant was injured in a motor vehicle accident and sought various statutory accident benefits, including treatment plans for chiropractic, occupational therapy, dietician, dental, and physiotherapy services, as well as an in-home functional assessment.

The respondent denied the benefits.

The Tribunal found that the applicant failed to prove on a balance of probabilities that the proposed treatment plans were reasonable and necessary, noting a lack of contemporaneous and corroborating medical evidence.

The claims for interest and an award for unreasonable delay were also dismissed.

The application was dismissed in its entirety.

The applicant requested a reconsideration of a decision that dismissed her claims for catastrophic impairment and other benefits following a motor vehicle accident.

She argued the adjudicator made errors of law and fact and violated procedural fairness by misapprehending medical evidence and disregarding witness testimony.

The adjudicator dismissed the request, finding that while one minor factual omission occurred regarding the cause of the applicant's mobility issues, it would not have changed the outcome.

The adjudicator concluded that the original findings regarding the applicant's pre-existing conditions, credibility, and lack of accident-related impairments were supported by the evidence.

The plaintiff, Debbie Lee Wilson, claimed damages for injuries sustained from a slip and fall in a mall parking lot, fracturing her right elbow.

She sued the property manager and snow removal contractor for negligence under the Occupiers' Liability Act.

The court found the defendants negligent for failing to apply salt in a timely manner, creating a dangerous icy surface.

The plaintiff was found 25% contributorily negligent for not taking special precautions despite being aware of winter conditions.

Damages were awarded for general damages, past loss of income, future housekeeping/lawn maintenance, and future care costs, reduced by the plaintiff's contributory negligence.

The applicant was injured in a motor vehicle accident and sought medical and rehabilitation benefits under the Statutory Accident Benefits Schedule for chronic pain.

The respondent insurer denied the claims, arguing the applicant's symptoms were due to pre-existing arthritis and that she had reached maximum recovery.

The adjudicator applied the material contribution test and found that the accident materially contributed to the applicant's pre-existing condition, resulting in chronic pain.

The adjudicator granted the claims for chiropractic and physiotherapy services, a pain management program, Lidocaine infusions, an exercise program, and an occupational therapy assessment, finding them reasonable and necessary for pain relief and management.

The claim for an EEG assessment was denied as there was no evidence of a traumatic brain injury.

The applicant was also awarded interest on overdue payments.