Laya Witty

The applicant sought statutory accident benefits following a motor vehicle accident, which the respondent denied on the basis that the injuries fell within the Minor Injury Guideline (MIG).

The applicant argued for removal from the MIG due to chronic pain and a psychological condition.

The Tribunal found that the medical evidence, including clinical notes from the applicant's family doctor and a psychological assessment, did not support the presence of chronic pain with functional impairment or a psychological condition caused by the accident.

The application was dismissed, and the applicant remained subject to the MIG limits.

The applicant sought payment for four treatment plans for chiropractic services following a motor vehicle accident.

The respondent denied the benefits, arguing the treatments were not reasonable and necessary.

The Tribunal found that while the accident caused the applicant's injuries and ongoing pain, the proposed treatment plans were not reasonable and necessary.

Medical evidence indicated that the applicant had achieved his goals of increased range of motion and strength, and that previous chiropractic treatments provided only temporary relief.

The application was dismissed.

The applicants sought judicial review of an umpire's appraisal award under s. 128 of the Insurance Act following a house fire.

They alleged procedural fairness violations, bias, and unreasonableness, citing the aggressive conduct of the insurer's appraiser and the umpire's independent site visit.

The Divisional Court dismissed the application, finding that despite the insurer's appraiser's poor behavior, the applicants had a full opportunity to present their case.

The court held the umpire's process was fair, unbiased, and the resulting valuation was reasonable and intelligible.

The Public Guardian and Trustee, acting as litigation guardian for an incapable person, brought a summary judgment motion against the incapable person's former attorney for property.

The attorney had transferred the incapable person's unencumbered residential property to himself in trust for his daughter for no consideration, subsequently sold it, and misappropriated funds from her bank accounts.

The court found the attorney breached his fiduciary duties and ordered him to pay damages of $2,550,000 for the property sale and $150,015 for the misappropriated funds, plus full indemnity costs.

The applicant was injured in a motor vehicle accident when his bicycle was struck by a car.

He applied for a speech language pathology assessment, which the insurer denied because the applicant failed to attend a section 44 insurer examination.

The insurer raised a preliminary issue that the applicant was barred from proceeding with his Tribunal application under section 55(2) of the Schedule.

The Tribunal found that the insurer's request for the examination was reasonably necessary and that the applicant did not provide a reasonable explanation for his non-attendance.

Consequently, the applicant is barred from disputing the denial at the Tribunal until he complies and attends the examination.

The applicant was injured in a single-vehicle accident and sought a determination of catastrophic impairment based on a Glasgow Coma Scale (GCS) score of 9 or less.

The adjudicator found that while the applicant's GCS score dropped to 8T and 9T following surgery, this was due to pharmacologic sedation and intubation rather than brain impairment.

The applicant's initial GCS scores were 13 to 15, indicating no brain impairment upon arrival at the trauma centre.

The application was dismissed.

The applicants sought accident benefits following a motor vehicle accident.

After failing to attend a pre-hearing discussion and losing contact with their legal representative, the representative brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship.

The insurer subsequently brought a motion to dismiss the applications for arbitration.

The arbitrator granted the representative's motion to be removed and dismissed the applications for arbitration with costs, noting the applicants' failure to participate or respond to notices.