Jennifer Ilton

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's denial of an income replacement benefit (IRB), four physiotherapy treatment plans, and her placement in the Minor Injury Guideline (MIG).

The Tribunal found the applicant was not entitled to the IRB because her post-accident employment income exceeded the benefit amount.

The Tribunal determined the applicant's injuries warranted removal from the MIG due to a documented concussion.

However, the physiotherapy treatment plans were denied as the applicant failed to provide evidence demonstrating they were reasonable and necessary.

The plaintiff, Kelly Bainbridge, brought an undefended trial against her landlords for injuries sustained after slipping on snow and ice on the front staircase of her rental unit.

The defendants were noted in default.

The court found the defendants negligent as occupiers under the Occupiers Liability Act, based on deemed admissions and plaintiff's testimony.

The plaintiff was awarded $150,000 for general damages, $635.57 for out-of-pocket expenses, $12,000 for future care costs (cannabis), and partial indemnity costs of $36,058 plus disbursements of $11,000.80.

The self-represented plaintiff appealed two interlocutory orders of a Master: one requiring her to post security for costs on the basis that her action was frivolous and vexatious, and another ordering her to pay costs of that motion.

The plaintiff engaged in extensive delay tactics, including failing to file her appeal record and seeking multiple adjournments.

The Superior Court dismissed the appeals, finding no error of law, misapprehension of evidence, or reasonable apprehension of bias by the Master.

The court awarded the respondents costs of the appeals on a substantial indemnity basis due to the plaintiff's obstructive conduct.