3 total
Application for catastrophic impairment and medical benefits dismissed as psychological issues predated the accident.
The applicant sought statutory accident benefits, including a determination of catastrophic impairment and medical benefits for psychological and physiotherapy treatment, following a 2014 motor vehicle accident.
The respondent denied the claims, arguing the applicant's psychological issues were pre-existing and unrelated to the accident.
The Tribunal found that the applicant failed to meet his burden of proof, as he presented no medical evidence to support his claims, while the respondent's expert evidence established that his psychiatric condition predated the accident.
The application was dismissed in its entirety.
Indigenous offender receives intermittent custody and conditional sentence for impaired driving causing bodily harm.
The accused, an Indigenous woman with a history of trauma, abuse, and substance addiction, was sentenced following guilty pleas to impaired driving causing bodily harm, possession of cocaine, failing to comply with bail conditions, and theft.
The court imposed a blended sentence consisting of 24 days intermittent custody on weekends for impaired driving, a four-month conditional sentence for drug possession, concurrent probation orders, a three-year driving prohibition, a DNA order, and a ten-year firearms prohibition.
The sentencing decision applied Gladue principles, recognizing systemic disadvantages and the offender's efforts toward rehabilitation while balancing denunciation and deterrence.
Motion to limit plaintiff's expert witnesses partially granted; one expert excluded due to duplication.
The defendant estate brought a motion to limit the plaintiff to calling three expert witnesses at the upcoming personal injury trial, arguing there was considerable duplication among the proposed five experts.
The court reviewed the proposed experts and found that the functional ability assessment by one expert duplicated the range of motion testing in the in-home assessment by another.
The court permitted the plaintiff to call four experts (an orthopaedic surgeon, a future care costs evaluator, an in-home assessor, and a vocational evaluator) but excluded the functional ability expert.
The court also raised concerns about the admissibility of proposed psychiatric evidence regarding a defendant's mental capacity under the Mohan framework and requested written submissions before ruling on that issue.