Dr. Wilkins

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy and occupational therapy.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.

The applicant argued she was removed from the MIG due to a partial rotator cuff tear, right arm radiculopathy, and a psychological impairment.

The Tribunal found that the applicant failed to prove on a balance of probabilities that she suffered from radiculopathy or an accident-related psychological impairment that would remove her from the MIG.

As the injuries were predominantly minor and the funding limit was exhausted, the claims for treatment plans and interest were dismissed.

The plaintiffs brought a medical malpractice action against several physicians following the death of a 47-year-old woman who died in hospital from an unknown cause, potentially a pulmonary embolism, acute coronary syndrome, or complications from sepsis.

The plaintiffs alleged the defendant doctors failed to diagnose and treat a pulmonary embolism with full-dose anticoagulation.

The court found that the defendant internal medicine specialists and cardiologists met the standard of care, as their differential diagnoses and treatments were reasonable given the patient's complex presentation.

The court also found the plaintiffs failed to prove causation on a balance of probabilities.

The action was dismissed.

The plaintiff suffered permanent vestibular toxicity after being treated with the antibiotic Gentamicin for a severe sinus infection.

At trial, the otolaryngologist was found liable for failing to properly monitor for ototoxicity and failing to emphasize the need for ongoing vigilance regarding symptoms.

The trial judge also granted a non-suit dismissing the action against the home care nurses (VON).

On appeal, the Court of Appeal overturned the finding of liability against the doctor, concluding there was no evidence that the two-to-three-day delay in discontinuing the medication caused the plaintiff's injuries.

The Court also rejected an alternative argument based on lack of informed consent, finding that a reasonable person in the plaintiff's position would have continued the medication.

The appeal against the VON was dismissed as no expert evidence established the standard of care for home care nurses.

The applicant sought statutory accident benefits after allegedly being struck by a school bus door.

The insurer denied she was involved in an accident and terminated benefits.

The arbitrator found that the applicant was indeed struck a glancing blow by the bus door, constituting an accident.

While the physical injuries were minor, the psychological response and exacerbation of pre-existing migraines resulted in a partial inability to carry on a normal life.

The arbitrator awarded caregiver benefits for a limited period, ongoing housekeeping expenses, physiotherapy, psychological counselling, and related travel expenses, but denied a special award and the cost of sunglasses.