Dr. Weiser

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued that a pre-existing condition and chronic pain warranted removal from the MIG.

The Tribunal found that the applicant failed to establish a nexus between his pre-existing conditions and the accident-related injuries, and failed to demonstrate functional impairment from chronic pain, noting he had returned to full-time work and reported no longer experiencing pain.

As the MIG limits were exhausted, the claims for attendant care and physiotherapy were dismissed, along with claims for interest and a section 10 award.

Following divided success on multiple family law motions, both parties sought costs.

The mother sought full recovery of $73,845 based on an offer to settle, while the father sought partial indemnity of $10,971.

The court found that while success was evenly divided, the mother was entitled to some costs because two severable paragraphs of her offer to settle were as favourable as the order obtained.

The court awarded the mother $6,000 in costs, offset by her share of the costs for cross-examining an expert witness, resulting in a net award of $4,566.

The court also clarified a previous order regarding the father's spring break access.