2 total
Application for accident benefits dismissed; applicant failed to prove pre-existing conditions warranted removal from Minor Injury Guideline.
The applicant was injured in a motor vehicle accident and sought physiotherapy treatment.
The respondent insurer denied the treatment plans, determining the injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that pre-existing conditions, including chronic pain and psychological issues from a prior accident, warranted removal from the MIG.
The Tribunal found the applicant failed to provide compelling medical evidence that her pre-existing conditions prevented maximal medical recovery within the MIG, noting her medical reports predated the current accident.
The Tribunal concluded the injuries were predominantly minor, the MIG limits were exhausted, and the treatment plans were not reasonable and necessary.
Claims for an award and interest were also dismissed.
Motion to compel answers to undertakings and extend discovery time limit granted.
The defendant in a personal injury action arising from a motor vehicle accident brought a motion to compel the plaintiff to answer undertakings and refused questions from an examination for discovery.
The court granted the motion, ordering the plaintiff to fulfill outstanding undertakings, serve an affidavit of documents, and re-attend for a continued examination for discovery.
The court also permitted the defendant to exceed the standard seven-hour discovery limit by an additional three hours and forty minutes due to the complexity and value of the claim.
