2 total
Application for non-earner benefits dismissed as applicant failed to prove complete inability to carry on a normal life.
The applicant sought non-earner benefits following a motor vehicle accident.
The insurer denied the benefits, arguing the applicant did not suffer a complete inability to carry on a normal life.
The Tribunal found that the applicant's pre-accident medical records documented severe pain, limitation of function, and substance abuse, contradicting her claims of pre-accident independence and well-managed symptoms.
Surveillance evidence and medical reports also indicated she was able to perform various activities post-accident.
The Tribunal concluded the applicant failed to prove she suffered a complete inability to carry on a normal life as a result of the accident and dismissed the application.
Summary judgment granted dismissing negligence and occupier's liability claims for unexplained mosh pit injury.
The plaintiffs sued the defendants for negligence, occupier's liability, and breach of the Liquor Licence Act after the plaintiff suffered a severe spinal injury in a mosh pit at a heavy metal concert.
The defendants brought a motion for summary judgment.
The court found no evidence that the injury was reasonably foreseeable or that the defendants breached the standard of care, noting that security guards were present and actively monitoring the crowd.
The court granted the summary judgment motion and dismissed the action.
