3 total
Application for post-104-week income replacement benefits dismissed as applicant failed to prove complete inability to work.
The applicant sought post-104-week Income Replacement Benefits (IRBs) following a motor vehicle accident.
The Licence Appeal Tribunal considered whether the applicant suffered a complete inability to engage in any employment or self-employment for which he was reasonably suited by education, training, or experience.
The Tribunal preferred the respondent's medical and vocational assessments, which found the applicant capable of working in alternative occupations such as a retail salesclerk, over the applicant's tort-focused expert reports.
The application was dismissed, as the applicant failed to meet the post-104-week IRB test, and no interest was payable.
Motion for extension of time to perfect appeal dismissed due to repeated delays and procedural failures.
The appellant, The Corporation of the City of Waterloo, sought an extension of time to perfect an appeal that was seven and a half months overdue.
The appellant failed to take steps to perfect the appeal until prompted by the respondents and the registrar, and subsequent attempts to file were rejected due to technical deficiencies.
The court dismissed the motion, finding that despite the preference for deciding cases on their merits, the appellant's repeated failure to comply with rules and procedures caused prejudice to the respondents and did not serve the justice of the case.
Action stayed on basis of forum non conveniens in favour of New York where accident occurred.
The plaintiff, an Ontario resident injured in a bus accident in New York State, brought a motion to affirm the jurisdiction of the Ontario Superior Court.
The defendants, a Michigan trucking company and the estate of its driver, brought a cross-motion to stay the action on the basis of forum non conveniens.
While the court found it had jurisdiction simpliciter based on several connecting factors, it granted the defendants' cross-motion and stayed the action, concluding that New York was the more appropriate forum given that the accident occurred there, New York law applied, and 35 other passengers had already commenced actions in New York.