2 total
Appeal for infant attendant care benefits dismissed as factual finding of no need was determinative.
The appellant infant, through her litigation guardian, appealed a Licence Appeal Tribunal decision denying her attendant care benefits under the Statutory Accident Benefits Schedule.
The appellant claimed that a motor vehicle accident caused her premature birth, which in turn caused her to suffer from gastroesophageal reflux disease requiring attendant care.
The Divisional Court dismissed the appeal, finding that the Adjudicator's factual determination that the infant did not require attendant care beyond normal parental duties was supported by the evidence and determinative of the claim, rendering the legal issues regarding causation moot.
Application for accident benefits dismissed and counsel removed from record after applicant failed to attend.
The applicant sought accident benefits following a motor vehicle accident.
After the applicant failed to attend a pre-hearing conference and could not be reached by his counsel despite multiple attempts, his counsel requested to be removed from the record.
The insurer consented to the removal.
The arbitrator granted the request to remove counsel and, pursuant to Rule 68 of the Dispute Resolution Practice Code, dismissed the application for arbitration due to the applicant's continued non-attendance.
