Lisa Van Arnhem

The applicant sought statutory accident benefits following a motor vehicle accident, claiming chronic pain and psychological impairments removed him from the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found the applicant's injuries were predominantly minor, noting inconsistencies in the applicant's expert reports and preferring the thoroughness of the insurer's examinations.

As the injuries fell within the MIG, the applicant was not entitled to attendant care benefits or the disputed medical and examination expenses.

The application was dismissed, and the respondent's request for costs was denied.

The Applicant sought both non-earner benefits and income replacement benefits following a motor vehicle accident.

The insurer argued the Applicant was required to elect one benefit and that she had qualified for income replacement benefits, barring her from non-earner benefits.

The Tribunal found that the insurer failed to provide the required notice of election under s. 35(1) of the Schedule when it became aware the Applicant was self-employed.

As no election was provided, the Applicant is entitled to seek both benefits at the hearing, though she cannot recover both concurrently.

The applicants, a husband and wife, filed three arbitration applications for statutory accident benefits arising from two motor vehicle accidents.

At a pre-hearing, the issue was whether the three applications should be combined.

The arbitrator ordered that the wife's two applications be heard together, as they involved overlapping claims and causation issues.

However, the husband's application was ordered to be heard separately, as the issues, expert witnesses, and nature of the claims were significantly different, and combining them would not result in the most just, quickest, and least expensive means to deal with the applications.