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Accident benefits denied as injuries fell within Minor Injury Guideline and applicant's expert evidence was tainted by conflict of interest.
The Applicant sought statutory accident benefits following a motor vehicle accident.
The Insurer denied several treatment plans and assessments, arguing the Applicant's injuries fell within the Minor Injury Guideline (MIG).
The arbitrator found that the Applicant's psychological and orthopaedic expert reports were tainted by a conflict of interest, as the primary psychologist had a close personal and financial relationship with the Applicant, and other experts relied on her clinic's flawed assessments.
The arbitrator excluded or gave no weight to the Applicant's expert evidence and accepted the Insurer's independent medical examinations.
The arbitrator concluded the injuries were predominantly minor and dismissed the claims for further benefits.
Summary judgment granted declaring defendant not the owner of a vehicle registered using his stolen identity.
The plaintiffs brought an action for damages arising from a motor vehicle accident involving a BMW registered to the moving party.
The moving party brought a motion for summary judgment seeking a declaration that he was not the owner of the BMW, arguing his identity had been stolen and used to fraudulently register the vehicle and obtain insurance.
The court granted the motion, finding no genuine issue requiring a trial.
The court accepted the moving party's evidence that he never purchased, owned, or registered the vehicle, nor applied for insurance, thereby rebutting the presumption of ownership under the Highway Traffic Act.