Taline Sethian

The applicant sought statutory accident benefits following a motor vehicle accident, claiming catastrophic impairment under Criterion 8 and entitlement to post-104-week income replacement benefits (IRB).

The Tribunal found the applicant catastrophically impaired, accepting expert evidence that she suffered marked impairments in social functioning, concentration, persistence, and pace, and adaptation due to accident-related mental and behavioural disorders.

However, the Tribunal dismissed the claim for IRB, finding the applicant failed to tender opinion evidence challenging the respondent's vocational and medical assessments that she could engage in suitable alternative employment.

A claim for an award under s. 10 of Regulation 664 was also dismissed due to the applicant's failure to provide required particulars.

The parties separated after a 23-year marriage.

The applicant sought spousal support, child support, equalization of net family property, and a trust interest in the respondent's business based on unjust enrichment.

The court imputed income to both parties, awarding spousal and child support based on those imputed incomes.

The court preferred the respondent's expert valuation of his business at nil and dismissed the applicant's claims for unequal division of property and unjust enrichment.

Equalization was ordered with a 25% notional disposition cost applied to the respondent's RRSPs.