Drew Higginbotham

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued for removal from the MIG due to chronic pain, a pre-existing rotoscoliosis condition, concussion symptoms, and psychological impairment.

The Tribunal found that the applicant failed to provide compelling medical evidence to establish any of these conditions warranted removal from the MIG.

As the applicant remained within the MIG, the disputed treatment plans were not assessed, and the application was dismissed.

This appeal concerns the interpretation of "involved in the incident" under section 268(2) of the Insurance Act, which dictates liability for statutory accident benefits.

The Court of Appeal affirmed the Superior Court's decision that an arbitrator erred in law by introducing a causation requirement into the test for "involvement" in a priority dispute between an insured snowmobile's insurer (Gore Mutual) and the Motor Vehicle Accident Claims Fund.

The Court held that temporal, spatial, and participatory factors were sufficient to establish involvement, without requiring a direct causal link to the injuries.

The applicant, a Chinese citizen visiting Ontario, was struck by an unidentified vehicle as a pedestrian and sought statutory accident benefits from the Motor Vehicle Accident Claims Fund (MVACF).

The respondent denied the claim on the basis that the applicant was not ordinarily resident in Ontario at the time of the accident, as required by section 25 of the Motor Vehicle Accident Claims Act.

The Tribunal applied the Thomson residency test and found that the applicant's stay in Ontario was not of a sufficiently permanent nature to establish ordinary residence.

The applicant was in Ontario on a visitor visa, had no Canadian income or bank account, and returned to China shortly after completing an English language course.

The application for benefits was dismissed.