Dr. Soric

The appellant appealed a Licence Appeal Tribunal (LAT) decision denying his claim for catastrophic impairment benefits following a motor vehicle accident.

The LAT found that a subsequent fall and seizure was an intervening event not caused by the accident.

On appeal, the appellant argued the LAT breached procedural fairness by allowing the insurer to raise causation late, and erred by applying the 'but for' causation test instead of the 'material contribution' test.

The Divisional Court dismissed the appeal, holding that the procedural fairness issue could not be raised for the first time on appeal, and that the LAT correctly applied the 'but for' test as this was not an exceptional case involving multiple tortfeasors.

The plaintiff brought an action for damages arising from a motor vehicle accident.

Following a jury verdict that resulted in net zero damages due to deductibles and prior settlements, the court ruled on the defence's threshold motion.

The court preferred the evidence of the plaintiff's experts, finding that the plaintiff suffered from chronic pain syndrome caused by the accident.

The court concluded that the plaintiff sustained a permanent and serious impairment of an important function, thereby meeting the statutory threshold, despite the action ultimately being dismissed.

The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's action for statutory accident benefits, arguing it was statute-barred because the plaintiff failed to mediate her claim and failed to return settlement funds prior to commencing the action.

The plaintiff brought a cross-motion for partial summary judgment for ongoing income replacement benefits.

The court granted the defendant's motion, finding that the failure to mediate and return the settlement funds deprived the court of jurisdiction.

The plaintiff's cross-motion was dismissed on the merits due to contradictory evidence regarding her disability.