The applicant was injured in a motor vehicle accident and sought medical benefits for optometric services and an occupational therapy assessment under the Statutory Accident Benefits Schedule.

The respondent denied the benefits, arguing the applicant's impairments were caused by a pre-existing brain aneurysm and other life stressors rather than the accident.

The Tribunal applied the 'but-for' test for causation and found the accident was a necessary cause of the applicant's increased symptoms.

The Tribunal preferred the evidence of the applicant's treating practitioners over the respondent's assessor, concluding the proposed treatment plans were reasonable and necessary.

The applicant was awarded the claimed benefits.

This costs endorsement follows the dismissal of a father's motion for summary judgment and a change in parenting arrangements, where the court ordered him to pay child support.

The respondent mother was deemed the successful party on the major issues of joint custody and parenting, and secured a higher child support amount than she had offered.

However, the applicant father succeeded on a minor issue regarding the reimbursement of Dr. Smyth's report costs.

Applying Rule 24(11) of the Family Law Rules, the court considered the importance and complexity of the issues, the parties' conduct, counsel's rates, time spent, and the father's financial capacity.

The court awarded the mother $4,000 in costs, noting that her legal aid status does not diminish the costs award.