Gail Wong

The applicant sought a $35,000 death benefit following the death of his mother in a motor vehicle accident, claiming he was principally dependent on her for financial support.

The Tribunal applied the Miller criteria and found that the applicant, who had an annual income of approximately $18,000, had sufficient means to fund 51% of his financial needs, even considering the local cost of rent.

The Tribunal concluded the applicant was not principally dependent on his mother and dismissed the claims for the death benefit, interest, and an award.

The applicant sought various statutory accident benefits following a motor vehicle accident, arguing that the respondent insurer failed to properly deny the treatment plans and was therefore liable to pay for them.

The Tribunal found that the respondent failed to provide proper medical reasons for denying the claims for chiropractic services, physiotherapy and massage therapy, and a chronic pain assessment, rendering it liable for expenses incurred under those plans during the periods of non-compliance.

The claims for attendant care benefits, assistive devices, a concussion assessment, and a neurological assessment were dismissed as the applicant failed to prove they were reasonable and necessary or the respondent had provided proper denials.

The appellant appealed a motion judge's decision which found that minutes of settlement did not contain all essential terms to constitute an enforceable agreement.

The Court of Appeal allowed the appeal, finding that the essential terms of the easement and licensing agreements were set out in the minutes.

The dispute over a $2,000 cost for committee of adjustment approval did not justify resiling from the agreement, as the respondents were obligated to assume this cost, or alternatively, it was a minor matter that could be resolved by a judge.

The appeal was allowed and judgment was granted in accordance with the minutes of settlement.