Stephanie Ellis

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued for removal from the MIG based on a pre-existing low back condition, psychological impairments, chronic pain, and a concussion.

The Tribunal found the applicant failed to meet the burden of proof for removal from the MIG, preferring the respondent's section 44 assessments over the applicant's evidence, which lacked corroboration from the family doctor's clinical notes.

As the applicant remained within the MIG, the disputed treatment plans were not considered, and claims for interest and a special award were dismissed.

The plaintiff suffered a severe acquired brain injury after losing control of her vehicle on a snow-covered portion of a county road.

She sued the municipality for failing to maintain the road.

The court found that the municipality breached its statutory duty under the Municipal Act by failing to plow and salt the road, which had accumulated a large snow drift.

The court rejected the municipality's statutory defences and its argument that the plaintiff was contributorily negligent for driving too fast.

The plaintiff was awarded significant damages for non-pecuniary loss, past and future income loss, future care costs, and Family Law Act claims for her parents.