Gavin W. Freitag

The applicant sought statutory accident benefits following a motor vehicle accident, specifically requesting a neuropsychological assessment and chiropractic treatment.

The insurer denied the treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 statutory limit had been exhausted.

The Licence Appeal Tribunal found that the applicant sustained predominantly minor injuries and failed to provide compelling evidence of a pre-existing medical condition that would prevent her from achieving maximal recovery under the MIG.

Consequently, the applicant was not entitled to the disputed treatment plans.

The applicants sought death benefits following the death of the insured in a motor vehicle accident.

The insurer denied the claim on the basis that the applicant and the insured had not cohabited continuously for three years and were therefore not spouses under the Insurance Act.

The arbitrator found that despite maintaining separate residences for a portion of the three-year period, the parties lived together as a family unit, shared domestic chores, and were financially interdependent.

The arbitrator concluded the parties were spouses and awarded death benefits to the applicant and her daughter.