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Appeal from summary judgment dismissed as appellants failed to establish causation between accident and infant's condition.
The appellants appealed the dismissal of their action on a motion for summary judgment.
The infant appellant suffered from a serious medical condition, which the appellants alleged was caused by a motor vehicle accident involving the mother while she was pregnant.
The Court of Appeal upheld the motion judge's finding that there was no genuine issue for trial regarding causation, as the appellants failed to provide expert medical opinion establishing that the accident probably caused or contributed to the condition.
The appeal was dismissed.
CPP disability benefits are deductible from weekly accident benefits; airfare to Italy not a reasonable medical expense.
The appellant was injured in a motor vehicle accident and received weekly benefits from the respondent insurer.
The insurer terminated benefits and claimed a repayment after the appellant began receiving CPP disability benefits.
The appellant disputed the reduction and claimed the cost of airfare to Italy as a medical expense.
The Director of Arbitrations dismissed the appeal, confirming that CPP disability benefits are deductible from weekly benefits under section 13(3) of the Schedule, and upholding the arbitrator's finding that the airfare was not a reasonable medical expense.
