3 total
Application for a court-appointed receiver dismissed as creditor failed to show it was just and convenient.
The applicant, a secured creditor owed over $7 million under a promissory note, applied for the appointment of a receiver and manager over all the assets, property, and undertaking of the respondent.
The applicant's security interest was limited to a single US patent and the product resulting from working that patent.
The court dismissed the application, finding insufficient evidence to establish that it was just and convenient to appoint a receiver over the entire business, especially given the lack of information regarding the value of the secured collateral, the scope of the respondent's assets, and why a private appointment would not suffice.
Application for accident benefits dismissed and costs awarded due to applicant's failure to file submissions.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the claims, arguing the injuries fell within the Minor Injury Guideline.
The matter proceeded to a written hearing before the Licence Appeal Tribunal.
The applicant failed to file any submissions or evidence, despite receiving notice and multiple reminders.
Consequently, the Tribunal dismissed the application, finding the applicant failed to meet her evidentiary burden.
The Tribunal also ordered the applicant to pay $250 in costs to the respondent due to her frivolous conduct in repeatedly ignoring Tribunal orders and deadlines.
Application for accident benefits dismissed as applicant failed to prove injuries exceeded the Minor Injury Guideline.
The respondent denied medical benefits beyond the $3,500 Minor Injury Guideline (MIG) limit.
The applicant argued he sustained a psychological impairment and chronic pain exceeding the MIG.
The Tribunal found the applicant failed to discharge his evidentiary onus, noting a lack of objective medical evidence and giving little weight to the psychological reports which relied solely on self-reporting.
The Tribunal concluded the injuries were predominantly minor and dismissed the application.