Josh Lang

The applicant, a licensed paralegal, brought an application for judicial review seeking a declaration that he is authorized to process and file immigration applications under the federal Immigration and Refugee Protection Act (IRPA).

The Law Society of Ontario (LSO) maintained that By-Law 4 restricts paralegals to providing legal services only in connection with proceedings before the Immigration and Refugee Board (IRB).

The Divisional Court dismissed the application, finding that the LSO's interpretation of By-Law 4 was correct, that the by-law does not conflict with the IRPA under the federal paramountcy doctrine, and that the restriction does not violate section 7 of the Charter.

The applicant sought reconsideration of a decision finding that the Canada Recovery Benefit (CRB) and Canada Emergency Response Benefit (CERB) were deductible from his Income Replacement Benefit (IRB).

Both parties agreed that the original adjudicator erred in law.

The Vice-Chair granted the reconsideration, finding that CRB/CERB are not calculated with reference to income from employment, are not 'gross employment income', and are not akin to Employment Insurance benefits.

Therefore, they are not deductible from IRBs under the Statutory Accident Benefits Schedule.

The applicant was involved in a motor vehicle accident and sought statutory accident benefits, including Income Replacement Benefits (IRBs) and chiropractic treatment, which the respondent insurer denied.

The Licence Appeal Tribunal found that the applicant suffered a concussion and was substantially unable to perform the essential tasks of his employment, entitling him to IRBs for the first 104 weeks post-accident.

However, the applicant failed to prove a complete inability to engage in any suitable employment, precluding IRB entitlement beyond 104 weeks.

The Tribunal also held that the chiropractic treatment plan was not reasonable and necessary.

Notably, the Tribunal determined that the Canada Emergency Response Benefit (CERB) received by the applicant is tantamount to "other remuneration from employment" under the Schedule and is therefore deductible from the IRB entitlement.

The claim for an award was dismissed as the insurer's denial was not unreasonable.

The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits.

The respondent denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.

The applicant argued that she suffered from chronic post-traumatic headaches, sleeping disorders, and psychological impairments that removed her from the MIG.

The Tribunal found that the applicant failed to provide compelling medical evidence or formal diagnoses to substantiate her claims of psychological impairment or chronic pain.

The Tribunal concluded that the applicant's injuries were predominantly minor and fell within the MIG, dismissing her application for additional medical benefits.

The applicant requested to re-activate her human rights application, which had been deferred pending the outcome of a union grievance.

The applicant argued that her union agreed to withdraw the grievance if the Tribunal application was resolved.

The Tribunal denied the request, holding that the application would not be re-activated while the grievance was ongoing, and noted the applicant could withdraw the grievance and then seek to re-activate the application.

The applicant sought urgent judicial review of an arbitrator's interim order relieving his counsel from acting in an upcoming Financial Services Commission of Ontario arbitration due to a breakdown in the solicitor-client relationship.

The Divisional Court dismissed the application as premature, finding that the applicant had not exhausted internal appeal procedures under the Insurance Act and the Dispute Resolution Practice Code.

The court found no exceptional circumstances or prospect of real unfairness that would justify fragmenting the proceedings and intervening at an interim stage.