Nicky Gagnon

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that she did not meet the test for income replacement benefits (IRBs).

The Tribunal found that the applicant failed to prove she suffered a concussion or a psychological condition that would warrant removal from the MIG.

Consequently, the disputed treatment plan for physiotherapy was denied.

The Tribunal also found insufficient medical evidence to establish that the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment, dismissing her claim for IRBs and interest.

The applicant was injured in a motor vehicle accident and sought payment for a psychological services treatment plan proposed by a social worker.

The insurer partially approved the plan at an hourly rate of $100, denying the higher requested rate and additional planning fees.

The Licence Appeal Tribunal dismissed the application, finding the $100 hourly rate reasonable as it fell between the Guideline rates for psychologists and psychometrists, and the applicant failed to establish that the higher rate or the planning and documentation fees were reasonable and necessary.

The applicant, a unit owner, filed an application alleging harassment by other unit owners and board members, seeking $10,000 for emotional distress.

The respondent condominium corporation challenged the Tribunal's jurisdiction, arguing the claims fell under section 117(1) of the Condominium Act.

The Tribunal determined that because the applicant alleged the harassment caused emotional and psychological injuries, the matter fell under section 117(1), which is explicitly excluded from the Tribunal's jurisdiction by O. Reg 179/17.

The application was dismissed without costs.