Amanda Lennox

The appellant insurer appealed a Licence Appeal Tribunal (LAT) decision finding the respondent eligible for funding for an attendant care benefit assessment.

The respondent suffered minor injuries in a motor vehicle accident but was removed from the Minor Injury Guideline (MIG) due to a pre-existing medical condition.

The insurer argued that because the injuries were minor, the respondent was excluded from attendant care assessments under the Statutory Accident Benefits Schedule (SABS).

The Divisional Court upheld the LAT's interpretation that once a claimant is removed from the MIG due to a pre-existing condition, they are no longer subject to the limits for minor injuries, and the test for services becomes what is reasonable and necessary.

The appeal was dismissed.

The appellant, who sustained a catastrophic impairment in a 2000 motor vehicle accident, appealed a Licence Appeal Tribunal decision regarding his claim for enhanced attendant care benefits.

The Divisional Court upheld the LAT's findings that the appellant could not claim retroactive benefits without a valid reason for delay and that the definition of 'incurred' under the New Schedule applied procedurally to his claim.

However, the court allowed the appeal in part, finding that the 2% per month interest rate on overdue benefits under the Old Schedule applied as a substantive benefit, rather than the 1% rate under the New Schedule.

The plaintiff passenger sued the defendant driver for negligence after their motorcycle collided with a deer in Wisconsin.

The defendant moved for summary judgment, arguing the collision was an inevitable accident.

The court dismissed the motion, finding a genuine issue for trial regarding the defendant's negligence due to his speed, lack of proper eyewear in the rain, and distraction.

Using its expanded fact-finding powers under Rule 20.04(2.1), the court determined the defendant was negligent, leaving damages to be assessed at trial.