Hiba Fasih

The applicant was involved in a motor vehicle accident and sought statutory accident benefits.

The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant applied to the Licence Appeal Tribunal, seeking removal from the MIG due to psychological injuries, specifically PTSD and adjustment disorder, and claiming entitlement to a psychological assessment.

The Tribunal preferred the evidence of the applicant's psychologist over the respondent's assessor, finding the applicant sustained a psychological injury that warranted removal from the MIG.

The Tribunal ordered the respondent to pay for the psychological assessment and interest on overdue payments.

The applicant sought statutory accident benefits following a motor vehicle accident.

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

The applicant argued his injuries fell outside the MIG due to psychological impairments, chronic pain, and pre-existing conditions.

The Tribunal found that the applicant sustained predominantly minor injuries (back and shoulder sprains) and failed to prove on a balance of probabilities that he suffered from an accident-related psychological impairment or chronic pain syndrome that would warrant removal from the MIG.

The Tribunal also found no compelling evidence of a pre-existing condition that would prevent maximal recovery within the MIG limit.

As the MIG limits were exhausted, the disputed treatment plans were denied, and no award for unreasonable delay was granted.

The plaintiffs brought eight proposed class actions against various long-term care (LTC) home owners and operators in Ontario, alleging systemic negligence and gross negligence in their response to the COVID-19 pandemic.

The court considered whether the claims met the certification criteria under section 5(1) of the Class Proceedings Act, 1992, particularly in light of the statutory immunity provided by the Supporting Ontario's Recovery Act (SORA).

The court certified six of the actions against the main corporate groups, finding that the pleadings disclosed a viable cause of action in gross negligence and that a class action was the preferable procedure.

However, the court dismissed the certification motions against independently owned homes and municipalities due to the lack of a collective enterprise and missing representative plaintiffs.

The applicant was injured in a rear-end motor vehicle accident and sought medical and rehabilitation benefits beyond the $3,500 Minor Injury Guideline (MIG) limit, claiming he suffered from chronic pain syndrome.

The Licence Appeal Tribunal found that the applicant failed to prove his injuries fell outside the MIG.

The medical evidence, including clinical notes and Insurer's Examination reports, indicated predominantly soft-tissue injuries, and the applicant did not meet the criteria for chronic pain syndrome under the AMA Guides.

As the MIG limit was exhausted, the disputed treatment plans and claim for interest were dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, including chiropractic services, a home exercise program, a psychological assessment, and a chronic pain assessment.

The adjudicator found that the applicant failed to prove the chiropractic services, home exercise program, and chronic pain assessment were reasonable and necessary.

The adjudicator rejected the applicant's argument that the treatment plans were payable due to the respondent's late denial notices, holding that the expenses had not been incurred prior to the notices being delivered.

The psychological assessment was found payable in part, and the claims for a special award and costs were dismissed.