Michael Ettedgui

The applicant was injured in a motor vehicle accident in 2016, sustaining a severe right elbow fracture.

He received income replacement benefits (IRBs) for the first 104 weeks, after which the respondent denied further IRBs.

The applicant applied to the Licence Appeal Tribunal, claiming a complete inability to engage in any suitable employment due to physical pain, fear of reinjury, and psychological impairments including depression and anxiety.

The adjudicator dismissed the application, finding that the applicant's physical injuries had healed and his psychological issues were primarily related to boredom and lack of motivation rather than a complete inability to work.

The adjudicator preferred the respondent's expert evidence, which demonstrated the applicant retained the functional capacity and vocational aptitude for alternative employment.

The defendant, Aviva Insurance Company of Canada, brought a motion to compel the plaintiff to answer undertakings and questions refused during an examination for discovery.

The plaintiff claimed $700,000 in pecuniary damages.

The Master found that the plaintiff had not made best efforts to answer several undertakings, including providing OHIP summaries and motel receipts.

The Master also ordered the plaintiff to answer the refusals, finding them relevant to the economic loss claim and not offending the principle of proportionality.

The motion was granted, and the plaintiff was ordered to pay $1,500 in costs.