Dr. Sweet

The appellant appealed a Licence Appeal Tribunal (LAT) decision denying his application for a catastrophic impairment designation and attendant care benefits following a motor vehicle accident.

The Divisional Court found that the LAT adjudicator's reasons were inadequate, conclusory, and failed to account for extensive expert medical evidence regarding the appellant's traumatic brain injury.

The court held that the adjudicator made factual findings without evidentiary support, particularly regarding the appellant's volunteer activities.

The appeal was granted, the LAT decision was quashed, and the matter was remitted for a fresh hearing before a different adjudicator.

During a jury trial for a personal injury action arising from a motorcycle collision, the defendant brought a threshold motion under s. 267.5 of the Insurance Act.

The defendant sought a declaration that the plaintiff's claims for healthcare expenses and non-pecuniary losses were barred.

The court evaluated medical and lay evidence regarding the plaintiff's mild traumatic brain injury and post-concussion syndrome.

The court found that while the plaintiff could still work with accommodations, her impairments significantly disrupted her activities of daily living and social life.

The motion was dismissed, as the plaintiff established she sustained a permanent, serious impairment of an important physical, mental, or psychological function.

The appellant father appealed a trial judgment granting joint custody of their two children and ordering him to pay child and spousal support to the respondent mother.

The father argued the trial judge erred by focusing on the mother's rehabilitation from substance abuse rather than the children's best interests, and by improperly admitting expert testimony from the mother's treating physician regarding her parenting ability.

The Court of Appeal dismissed the appeal, finding the trial judge properly applied the best interests of the child test, correctly admitted the expert evidence under the Mohan framework, and appropriately considered the statutory factors for spousal support.