Priyanka Monpara

The appellant sought to quash a Licence Appeal Tribunal (LAT) decision and a reconsideration decision, alleging procedural unfairness.

The Divisional Court dismissed the appeal and application for judicial review, finding that the appellant was given notice of the hearing, did not request an in-person hearing or accommodation, and did not raise procedural unfairness in his reconsideration request.

The court noted that the decisions do not bar the appellant's claims for attendant care benefits or a special award relating to the timing of non-earner benefits payments.

No costs were awarded.

In a personal injury trial arising from a motor vehicle accident, the defendant brought a mid-trial motion to preclude the plaintiff's accounting expert from testifying.

The expert calculated the plaintiff's loss of income based on hypothetical scenarios regarding her unreported tip income as a server.

The defendant argued the reports lacked objective data and were prejudicial.

The court dismissed the motion, finding the expert evidence met the Mohan criteria for admissibility and that the jury could be trusted to evaluate the factual assumptions underpinning the expert's calculations.