Dr. Stoddard

The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement benefits, medical benefits for PRP therapy, and attendant care benefits.

The Tribunal found that the applicant's physical impairments, specifically severe osteoarthritis in his hips, and his psychological impairments were not caused by the accident but were pre-existing or related to his termination from employment.

The Tribunal preferred the evidence of the respondent's insurer examination assessors over the applicant's experts, noting the applicant's lack of credibility and his experts' failure to review pre-accident medical records.

The application was dismissed in its entirety.

The applicant sought various medical and rehabilitation benefits following a 2012 motor vehicle accident.

The Licence Appeal Tribunal denied claims for PRP injections, a neuropsychological assessment, an in-home assessment balance, and assistive devices, finding them either not reasonable and necessary or statute-barred for failure to attend an insurer's examination.

The Tribunal partially approved a treatment plan for psychological counselling, awarding $3,118.77 plus interest, after finding the proposed costs for transportation, brokerage, and documentation to be gratuitous and inflated.

The appellant appealed his convictions for impaired driving and refusing to provide a breath sample.

He argued the trial judge erred by admitting a video of his interaction with the breath technician who was unavailable to testify, finding no breach of his s. 10(b) Charter right to counsel, and rejecting his defence that his autism spectrum disorder provided a reasonable excuse for refusing the breath demand.

The Superior Court of Justice dismissed the appeal, finding the video was admissible as direct evidence, the appellant failed to exercise due diligence in contacting counsel, and the trial judge's findings on impairment and lack of reasonable excuse were supported by the evidence.