Mohamed Elbassiouni

The appellant appealed and sought judicial review of a Licence Appeal Tribunal (LAT) decision finding she was not an 'insured person' under the Statutory Accident Benefits Schedule.

The appellant's uninsured son was in an accident, and they sought benefits under her brother's spouse's policy, requiring proof of dependency.

The Divisional Court dismissed the appeal, finding the LAT did not breach procedural fairness by holding a written hearing and made no error of law in applying both a 'big picture' and mathematical approach to conclude the appellant was not principally dependent on the named insured.

The appellant insurer appealed a Licence Appeal Tribunal (LAT) decision granting attendant care benefits to the respondent, who suffered from severe autism and was injured in a minor motor vehicle accident.

The appellant argued there was a reasonable apprehension of bias because the LAT adjudicator had a history of, and continued, public advocacy for autism caregivers after his appointment.

The Divisional Court agreed, finding that the adjudicator's ongoing advocacy efforts following his appointment raised a reasonable apprehension of bias in a case specifically determining attendant care benefits for an autistic claimant.

The appeal was granted and the matter remitted to the LAT for a new hearing before a different adjudicator.

The appellant appealed a Licence Appeal Tribunal decision denying her claim for catastrophic impairment and income replacement benefits following a 2015 motor vehicle accident.

The Tribunal had found that the accident was not a necessary cause of her psychological impairment and that a subsequent 2018 volleyball injury was an intervening event.

The Divisional Court dismissed the appeal, finding no extricable errors of law in the Tribunal's assessment of causation, pre-existing injuries, or the intervening event.

The appellant, an environmental clean-up worker, suffered impairments from toxic exposure while cleaning up a chemical spill caused by a fatal collision between two trucks.

He applied for statutory accident benefits, which were denied on the basis that the incident was not an 'accident' under s. 3(1) of the SABS.

The Licence Appeal Tribunal upheld the denial, finding that while the use of the vac-truck met the purpose test, it did not meet the causation test as the toxic substances, not the vehicle, directly caused the injuries.

The Divisional Court dismissed the appeal, holding that the LAT made no errors of law in its articulation or application of the purpose and modified causation tests.

The moving party brought a motion for leave to appeal from two previous decisions.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding parties fixed at $5,000.

The appellant brought an adjournment application because a litigation guardian was recently appointed and the appellant had been hospitalized for mental health concerns.

The respondent opposed the adjournment.

The Court of Appeal granted the adjournment, setting timelines for responding to a Rule 2.1 application and scheduling the appeal hearing.

The applicant was injured in a motor vehicle accident and sought a psychological assessment, which the insurer denied on the basis that the Minor Injury Guideline (MIG) applied.

At arbitration, the Arbitrator found the MIG unconstitutional under s. 15 of the Charter without making any factual findings about the applicant's condition or whether the MIG actually precluded his benefits.

The Director's Delegate overturned this decision, holding that constitutional issues cannot be decided in a factual vacuum.

The Divisional Court dismissed the applicant's judicial review, affirming that the Arbitrator erred by deciding the Charter issue without a proper factual foundation.