David Fenicky

The Regional Municipality of York brought a motion to link two expropriation arbitrations and have them heard together.

The first arbitration involved the property owner's claim for market value and disturbance damages due to development delay.

The second arbitration involved a commercial parking lot tenant's claim for business losses resulting from a temporary easement.

The Ontario Land Tribunal dismissed the motion, finding that the claims involved different damages, different expert evidence, and no common issues of fact or law other than arising from the same expropriation.

The Tribunal concluded that linking the proceedings would cause prejudice, delay, and increased costs for the tenant.

The applicant sought medical benefits for physiotherapy following a motor vehicle accident.

The respondent insurer denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG), which caps medical and rehabilitation benefits at $3,500.

The Tribunal found that the medical evidence, including records from the emergency room, family doctor, and insurer examination, indicated the injuries were predominantly minor soft tissue injuries.

The applicant failed to provide evidence of a pre-existing condition that would prevent maximal recovery under the MIG cap.

Consequently, the application for treatment plans and interest was dismissed.