2 total
Application for accident benefits dismissed; injuries found to be predominantly minor and subject to MIG.
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).
The applicant contended he suffered from chronic pain, psychological impairments, and a concussion, which would warrant removal from the MIG.
The Tribunal found insufficient medical evidence to support the applicant's claims of chronic pain, psychological impairment, or concussion.
Consequently, the Tribunal held that the applicant's injuries were predominantly minor and subject to the MIG limit.
The application for disputed treatment plans, an award, and interest was dismissed.
The court granted summary judgment dismissing a nightclub patron's negligence claim for a thrown bottle injury, finding the incident was not reasonably foreseeable.
The plaintiff, Kevin Bucknol, sued 2280882 Ontario Inc. (operating as Classic Lounge) for negligence and breach of the Occupiers' Liability Act after sustaining a significant eye injury from a thrown beer bottle in the nightclub.
The defendant moved for summary judgment to dismiss all claims.
The court granted the defendant's motion, finding no genuine issue for trial.
It concluded that the defendant had fulfilled its duty of reasonable care, the incident was not reasonably foreseeable, and the plaintiff's claim of spoliation regarding deleted surveillance footage was not established as litigation was not contemplated at the time of deletion.
