Eric T. Sigurdson

The applicant insurer sought judicial review of decisions by a FSCO arbitrator and Director's delegate finding that the respondent insured suffered a catastrophic impairment under s. 2(1.1)(e)(i) of the Statutory Accident Benefits Schedule.

The insurer argued the arbitrator unreasonably interpreted 'reasonable period of time' for a Glasgow Coma Scale score.

The Divisional Court dismissed the application, holding that the standard of review is patent unreasonableness and the tribunal's decisions were supported by evidence and within its specialized jurisdiction.

The appellant appealed a jury verdict finding her 90 per cent liable for a motor vehicle accident.

The jury concluded that the appellant was not paying attention and collided with the rear of the respondent's vehicle.

The Court of Appeal dismissed the appeal, holding that there was an evidentiary basis for the jury's findings and the verdict was not so plainly unreasonable and unjust that no reasonable jury could have reached it.

The appellant was rendered a paraplegic after being shot by an unknown assailant while driving his wife's car.

He applied for statutory accident benefits, which his insurer denied on the basis that the incident was not an 'accident' under section 2(1) of the 1996 Statutory Accident Benefits Schedule.

The Court of Appeal upheld the motions judge's decision, finding that the gunshots, not the use or operation of the automobile, were the direct cause of the appellant's injuries.

The appeal was dismissed.