Mr. Wallace

The applicant sought statutory accident benefits for home modifications totaling $777,467.00 following a motor vehicle accident that resulted in a spinal cord injury.

Prior to the submission of the treatment plan, the applicant's family sold their pre-accident home and purchased a new bungalow.

The Tribunal found that the proposed modifications were for a home the applicant no longer resided in, and no assessment was provided for the new bungalow.

The Tribunal dismissed the application, concluding the applicant failed to prove the modifications were reasonable and necessary, and denied claims for interest and a special award.

The applicants and respondents own neighbouring cottage properties accessed by a shared laneway known as Brewers Close.

The respondents unilaterally relocated a portion of the laneway on their property and blocked the original route, preventing the applicants from traversing the full loop.

The applicants sought declarations confirming their deeded easements and an order requiring the respondents to restore the laneway.

The court interpreted the 1961 root deeds and found that valid easements were granted over the original location of the laneway.

The court ordered the respondents to restore the laneway for the applicants whose permission was never sought, and directed a trial on whether the other applicants had agreed to the relocation or were estopped from enforcing their rights.