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Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on diagnoses including radiculopathy and chronic headaches, relying on letters from his chiropractor.
The Tribunal found that the applicant failed to provide compelling medical evidence of functional impairment that would warrant removal from the MIG.
Preferring the respondent's physiatry assessments, which concluded the injuries were minor sprains and strains, the Tribunal held the applicant remained subject to the $3,500 MIG limit.
Consequently, the disputed treatment plan for chiropractic services and the claim for interest were dismissed.
Late evidence was struck, but dismissal for non-compliance and delay was refused.
The moving respondents sought dismissal of an application concerning management and control of two respondents' affairs and assets based on the applicant's non-compliance with a prior timetable order and, alternatively, for delay.
The court held that although the applicant had clearly breached the order by serving further evidence late and paying prior costs late, dismissal was a remedy of last resort and was not warranted on this record.
Instead, the late-served new evidence was struck as inadmissible and ordered purged from the record, along with any references to it in the factum.
The alternative delay motion also failed because the respondents did not establish inordinate, inexcusable, and prejudicial delay creating a substantial risk of an unfair hearing.
Partial indemnity costs of $6,000 were awarded to the moving respondents.
