Dr. Theodoropoulos

3 total

SM

Application for income replacement benefits dismissed due to lack of credibility and pre-existing injuries.

The applicant sought income replacement benefits (IRBs) following a motor vehicle accident, claiming a substantial inability to perform the essential tasks of his self-employment as a general contractor.

The Tribunal found that the applicant's right rotator cuff tear was a pre-existing condition, not caused by the accident.

Due to significant inconsistencies in the applicant's evidence regarding his return to work and prior medical history, the Tribunal found his self-reports lacked credibility.

The Tribunal concluded the applicant failed to prove on a balance of probabilities that he suffered a substantial inability to perform his essential tasks, and dismissed the application for IRBs and interest.

Hodge v. Aviva Insurance Canada, 2021 CanLII 2047

Orthopaedic Surgeon · orthopaedic surgery · Retained by Applicant

DS

Daniel Savoie

1 case2019–2019

CF

Christopher A. Ferguson

OLAT0 cases2017–2020

OLATJun 4, 2019

Application for accident benefits dismissed as applicant failed to prove treatments were reasonable and necessary.

The applicant was injured in a motor vehicle accident and sought medical benefits for physiotherapy and costs of examination for orthopaedic, attendant care, and psychological assessments.

The insurer denied the benefits, arguing the applicant's injuries had resolved or were related to a subsequent accident.

The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove the treatments and assessments were reasonable and necessary.

The Tribunal gave significant weight to the insurer's examination reports and noted the applicant's lack of candor regarding a second motor vehicle accident.

YK v. Wawanesa Mutual Insurance Company, 2019 CanLII 63374

IE Orthopedic Assessor · orthopedics · Retained by Respondent

GM

Gary R. McCelland

1 case2017–2017

CR

Christopher A. Richard

5 cases2012–2021

DE

David L. Edwards

SCJ127 cases2013–2025

SCJMar 6, 2017

Defendants' threshold motion dismissed; plaintiff's chronic pain and inability to work as meat cutter met statutory exception.

Following a jury verdict awarding the plaintiff $150,000 in general damages for injuries sustained in a motor vehicle accident, the defendants brought a threshold motion arguing the claims were barred by the Insurance Act.

The court applied the three-part threshold analysis and found the plaintiff suffered a permanent, serious impairment of an important physical function due to chronic pain and shoulder instability.

The court held that the plaintiff's inability to continue his pre-accident employment as a meat cutter, despite being accommodated with a different minimum-wage role by the same employer, constituted a substantial interference with his regular employment.

The defendants' motion was dismissed.