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Tribunal awards partial home modifications for fall risk but denies extensive renovations and special award.
The applicant, who sustained a catastrophic impairment (traumatic brain injury) in a 2012 motor vehicle accident, sought $97,398.08 for home modifications.
The Licence Appeal Tribunal found the applicant was partially entitled to the modifications, specifically bilateral handrails on stairs and releveling of front steps, to address his ongoing intermittent dizziness and fall risk.
Requests for a curb-less shower, deck, and private therapy room were denied as not reasonable or necessary.
The Tribunal awarded interest on overdue benefits but dismissed the applicant's claims for a special award under s. 10 of Reg. 664 and costs under Rule 19.
Passenger injured by sudden stop barred from accident benefits as bus did not hit external object.
The applicant was injured when the TTC bus she was riding made a sudden stop, causing her to strike the interior of the bus.
The bus did not collide with any external object.
The applicant sought statutory accident benefits, arguing that she herself constituted 'any other object' with which the bus collided under s. 268(1.1) of the Insurance Act.
The Tribunal rejected this argument, finding that the ordinary meaning of the provision requires the public transit vehicle to collide with an object external to it.
As the bus did not collide with an external object, the applicant is barred from claiming accident benefits.
