Matthew D. Reid

The court ruled on a threshold motion and costs following a jury trial in a motor vehicle accident case.

The defendant conceded liability, but after the jury awarded no damages, the defendant moved for a declaration that the plaintiff’s injuries did not meet the statutory threshold for health care expenses and non-pecuniary damages under the Insurance Act and regulations.

The court found that while the plaintiff suffered a permanent impairment, it was not serious or important enough to meet the threshold.

The defendant was awarded $150,000 in costs.

The defendant brought an unopposed motion in writing seeking an order for the simultaneous or sequential trial of the main action, a third-party claim, and a related action arising from the same motor vehicle accident.

The court declined to sign the draft order due to several deficiencies in the motion materials, including the failure to provide all relevant pleadings, the lack of information regarding the mode of trial (jury or non-jury), and the failure to file proper notices of non-opposition from the responding parties.

The court provided directions for the defendant to file supplementary materials to correct these deficiencies.

The applicant, who was injured in a motor vehicle accident, sought statutory accident benefits for social worker support, an in-home occupational therapy assessment, and travel costs for a service provider.

The Licence Appeal Tribunal found that the social worker support duplicated an already approved psychological treatment plan and was therefore not reasonable and necessary.

The Tribunal also found the in-home assessment was not reasonable and necessary based on independent medical examinations.

Finally, the Tribunal held that the Statutory Accident Benefits Schedule does not require insurers to pay travel costs for service providers.

The application was dismissed.

The applicant, who was 9 years old at the time of the motor vehicle accident, sought statutory accident benefits for social worker support, an in-home occupational therapy assessment, and travel costs for a service provider.

The Licence Appeal Tribunal dismissed the claims, finding that the social worker support duplicated an already approved psychological treatment plan, and the in-home assessment was not reasonable and necessary given the applicant's functional independence.

The Tribunal also held that the Statutory Accident Benefits Schedule does not mandate insurers to pay for the travel expenses of service providers.