Dr. Vincenzo Basile

The plaintiff sought damages for injuries sustained in a rear-end motor vehicle accident.

The court found the defendant entirely at fault.

The court concluded the plaintiff's injuries, which included chronic pain and post-concussion syndrome, met the statutory threshold as a permanent serious impairment of an important physical function.

The plaintiff was awarded $100,000 in general damages, $1,993.10 in special damages, and $143,560.78 for future care costs.

Claims for past and future income loss were dismissed as the plaintiff failed to establish she would have worked as a dental assistant but for the accident.

The applicant sought statutory accident benefits following a motor vehicle accident, arguing his injuries, including chronic pain and a pre-existing knee condition, warranted removal from the Minor Injury Guideline (MIG).

The applicant passed away before the decision was rendered, but the Tribunal found the proceeding was not moot as a decision could impact deemed incurred expenses.

The Tribunal held that the applicant failed to establish on a balance of probabilities that his injuries fell outside the MIG, noting a significant 14-15 month gap in treatment and compelling medical evidence attributing his worsening pain to degenerative changes.

However, the Tribunal found the respondent failed to deny a February 2017 treatment plan within the required 10 business days under s. 38(8) of the Schedule, precluding it from relying on the MIG to deny that specific plan.

No interest was awarded.

The applicant sought medical and rehabilitation benefits following a motor vehicle accident.

The respondent insurer denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant's physical injuries were predominantly minor, relying on medical reports attributing his back pain to a subsequent work-related injury.

However, the Tribunal held that the respondent failed to comply with the notice requirements under s. 38(9) of the Schedule when denying the psychological assessment and treatment plans, as it did not explicitly state that the MIG applied.

Consequently, under s. 38(11), the respondent was prohibited from taking the position that the MIG applied to the psychological claims and was ordered to pay those benefits.

The plaintiff sought damages for injuries sustained in a rear-end motor vehicle accident.

Two years after the accident, the plaintiff suffered a severe stroke that left him totally disabled.

The central issue was whether the accident caused the stroke due to the plaintiff's alleged increased smoking and sedentary lifestyle following the collision.

The court found the stroke was an unrelated intervening event, relying on expert evidence that the plaintiff's heavy smoking predated the accident and his lifestyle was not sufficiently sedentary to cause a deep vein thrombosis.

The court awarded $100,000 in general damages for the accident-related chronic pain and mechanical back issues, but denied future income loss and most future care costs, as the plaintiff's total disability was caused by the non-compensable stroke.