Derek Greenside

The appellant appealed a Licence Appeal Tribunal decision finding he had not suffered a catastrophic impairment following a motor vehicle accident.

The appellant argued the adjudicator erred in her treatment of expert evidence, violated procedural fairness by questioning an expert, misapplied the temporal requirements for assessments under the Statutory Accident Benefits Schedule, and used an overly restrictive causation test.

The Divisional Court dismissed the appeal, finding no errors of law, as the adjudicator properly applied a flexible approach to the timing of assessments and correctly considered impairments caused by the traumatic brain injury.

The appellant sought to appeal and judicially review a Licence Appeal Tribunal (LAT) decision which found her claims for statutory accident benefits were statute-barred.

The Divisional Court dismissed the statutory appeal, finding that the LAT's determination of whether the insurer's denial letter was clear and unequivocal was a question of mixed fact and law, not an extricable question of law.

The court also declined to exercise its discretion to hear the judicial review application, holding that judicial review of a LAT decision on statutory accident benefits is only available in exceptional circumstances, given the legislative intent to limit appeals to questions of law.

In an automobile insurance priority dispute, the appellant insurer sought production of communications between two other insurers regarding a section 10 notice.

The appellant argued the notice was part of an inappropriate scheme to circumvent the 90-day notice requirement.

The arbitrator dismissed the motion, finding the communications irrelevant as the initial notice was made in good faith.

On appeal, the Superior Court of Justice found no palpable and overriding error in the arbitrator's decision and dismissed the appeal.

Aviva Canada Inc. sought judicial review of a FSCO Director's Delegate's order that partially rescinded an arbitration award and remitted the respondent's entitlement to non-earner benefits to a de novo hearing before a different arbitrator.

The Divisional Court dismissed Aviva's preliminary motion to admit fresh evidence, finding no exceptional circumstances.

On the merits, the Court held that the Director's Delegate reasonably concluded the Arbitrator erred in law by failing to explicitly address whether the requested insurer examination was reasonable and necessary, and by failing to address the claim for non-earner benefits prior to the scheduled examination.

The Court also found no error in remitting the matter to a new arbitrator.

The application for judicial review was dismissed.

The applicant insurer sought judicial review of a Director's Delegate's appeal decision regarding a catastrophic impairment determination under the Statutory Accident Benefits Schedule.

The Delegate had overturned an arbitrator's finding that combining impairment ratings for a physical brain injury and a separate psychological disorder constituted impermissible 'double counting'.

The Delegate also remitted the issue of medication impairment back to arbitration and upheld a 4% rating for scarring.

The Divisional Court applied the reasonableness standard of review and dismissed the application, finding the Delegate's interpretation of the AMA Guides and the Schedule fell within the range of acceptable outcomes.

The appellant appealed an order adding it as a party to the proceeding.

The Court of Appeal questioned its jurisdiction to hear the appeal, considering whether the order was final or interlocutory.

The appellant argued the order was final due to preconditions in the Insurance Act regarding mediation and arbitration for statutory accident benefits.

The Court held that the order adding the party was interlocutory, as it did not finally determine the questions of law raised by the appellant.

Consequently, the appeal was quashed for lack of jurisdiction, with costs awarded to the respondents.