Jennifer Mitchell

The appellant, who suffered a catastrophic brain injury in a 1999 motor vehicle accident, appealed and sought judicial review of a Licence Appeal Tribunal decision regarding his entitlement to attendant care benefits.

The LAT had awarded a minimal monthly amount, focusing on the care actually provided by his family rather than his need for supervisory care due to his inability to respond to emergencies.

The Divisional Court allowed the appeal and granted the judicial review, finding that the adjudicator erred in law by failing to apply the correct legal test under the 1996 SABS and that the decision was unreasonable.

The matter was remitted for a new hearing before a different adjudicator.

The plaintiffs brought a motion to strike the defendant's jury notice in a personal injury action arising from a motor vehicle accident.

The plaintiffs argued that the anticipated expert evidence was too complex for a jury and that the COVID-19 pandemic would cause undue delay.

The court dismissed the motion as premature, adopting a 'wait and see' approach, noting that the trial was not scheduled until September 2021 and the trial judge retains discretion to strike the jury if necessary.