Peter Durant

This decision addresses a Rule 2.1.01 motion concerning multiple proceedings commenced by the plaintiff, Aynoush Biniaz-Sarabi, arising from a motor vehicle accident and subsequent denial of accident benefits.

The court reviews the history of related litigation, including prior decisions by the Licence Appeal Tribunal and Divisional Court, and considers whether the current and related actions are frivolous, vexatious, or an abuse of process.

Several actions are dismissed under Rule 2.1.01, and the court declines to declare the plaintiff a vexatious litigant without a formal motion.

The appellant appealed a decision of the Licence Appeal Tribunal denying her claims for various statutory accident benefits following a motor vehicle accident.

The appellant argued the insurer failed to properly manage her request for a catastrophic impairment designation.

The Divisional Court dismissed the appeal, finding the adjudicator correctly concluded that the issue of catastrophic impairment was not properly before the tribunal because the appellant had not initiated a claim or provided an evidentiary basis for it.

The court found no errors of law in the adjudicator's decision.