Kandace Davies

The applicant sought reimbursement for mileage expenses incurred by her spouse while visiting her in the hospital following a motor vehicle accident.

The applicant claimed a rate of $0.54 per kilometre based on Revenue Canada guidelines, while the respondent insurer paid $0.40 per kilometre based on the Transportation Expense Guideline.

The adjudicator found that the spouse was acting as an aide when providing transportation services, and therefore the Transportation Expense Guideline applied.

The application for the higher mileage rate and interest was dismissed.

The Tribunal held a summary hearing to determine whether the applicant's human rights application alleging discrimination on the basis of race, ancestry, ethnic origin, sex, and reprisal should be dismissed for having no reasonable prospect of success.

The applicant alleged discriminatory comments and conduct based on her gender and status as a new resident, both in her employment and as a citizen participating in public council meetings.

The Tribunal concluded that the application should move forward to a full hearing, as it could not determine at this stage that the application had no reasonable prospect of success.

The insurer moved for a production order compelling the claimant to produce a decoded OHIP summary from 2000 onwards and prescription records from 1990 onwards, arguing they were relevant to the claim for non-earner benefits following a 2007 motor vehicle accident.

The arbitrator noted that while medical records are producible if relevant, the standard practice at the Commission is to limit production to one year prior to the accident unless a basis for a broader request is provided.

Finding that the insurer failed to demonstrate the relevance of records going back a decade or more, the arbitrator refused the broad request but extended the standard timeframe slightly, ordering the claimant to make best efforts to produce the requested records for a period of two years prior to the accident.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Vic's Place and add a condition, alleging breaches of the Liquor Licence Act regulations.

During a festival, staff members removed liquor from the licensed area for their own consumption and signs of service were not cleared within 45 minutes after the end of the service period.

The licensee admitted to the breaches via an Agreed Statement of Facts.

The Board accepted a joint submission, ordering a 14-day licence suspension and adding a condition prohibiting applications for temporary extensions until December 31, 2008.