Dr. Velikonja

The applicant sought a non-earner benefit following a motor vehicle accident.

The respondent denied the benefit, arguing the applicant's injuries were caused by a pre-existing psychiatric condition.

The Tribunal found that the applicant failed to prove on a balance of probabilities that the accident was a necessary cause of his impairments.

Furthermore, the applicant failed to meet the test for a non-earner benefit, as he did not demonstrate a complete inability to carry on a normal life as a result of and within 104 weeks of the accident.

The application was dismissed.

The applicant was injured in a motor vehicle accident and sought various statutory accident benefits, including a determination of catastrophic impairment due to a mental or behavioural disorder.

The arbitrator found that the applicant did not suffer a marked impairment in any area of function and therefore was not catastrophically impaired.

Claims for a non-earner benefit, housekeeping benefits, and certain medical benefits were dismissed.

The arbitrator awarded a limited attendant care benefit of $364.67 per month for a one-year period from September 2012 to September 2013.

The plaintiff brought an action against her disability insurer for long-term disability benefits and aggravated and punitive damages following a motor vehicle accident.

The insurer had terminated benefits after the plaintiff returned to work on a graduated basis and resumed her full salary.

The court dismissed the action, finding that the plaintiff failed to meet the policy's definition of total disability for both her 'own occupation' during the initial 24-month period and 'any occupation' thereafter, as she had maintained employment.

Furthermore, the group insurance policy had been cancelled by the employer before any subsequent claim was initiated, and there was no evidence of bad faith by the insurer.