2 total
Application for post-104 week income replacement benefits dismissed; applicant failed to prove complete inability to work.
The applicant was injured in a motor vehicle accident and received income replacement benefits for 104 weeks.
The insurer terminated the benefits, and the applicant sought reinstatement, arguing she suffered a complete inability to engage in any employment for which she was reasonably suited by education, training, or experience due to psychological and physical impairments.
The Tribunal dismissed the application, finding the applicant's self-reports and medical evidence insufficient to meet the post-104 week test, and preferred the respondent's objective functional and vocational assessments which identified suitable sedentary occupations.
Conviction for sexual assault set aside and new trial ordered due to deficient jury instructions.
The appellant, a medical doctor, appealed his conviction for sexual assault against a patient during a breast examination.
The appeal was based on two grounds: inadequate jury instructions regarding the appellant's defence, and improper instructions to the triers during the challenge for cause based on racial bias.
The Court of Appeal allowed the appeal and ordered a new trial, finding that the trial judge failed to properly instruct the triers on their task and procedure.
The Court also noted significant deficiencies in the trial judge's failure to review the evidence supporting the appellant's defence that the examination was conducted for a medical purpose.