Michael Vargas

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied several treatment plans for physiotherapy and psychological services, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) limit of $3,500.

The Tribunal found that the applicant did not suffer a psychological impairment that would warrant removal from the MIG, preferring the respondent's psychological assessment over the applicant's internally inconsistent expert report.

As the applicant had exhausted the $3,500 limit, the claims for additional treatment plans, a disability certificate, an award, and interest were dismissed.

The applicant, a condominium owner, brought a motion during mediation at the Condominium Authority Tribunal regarding his request for records.

The respondent condominium corporation had served a Notice of Mediation alleging the applicant's repeated records requests were vexatious and an abuse of process, seeking to prevent further requests.

The applicant sought to add these issues to the Tribunal proceeding and argued the respondent's actions were retaliatory.

The Tribunal found it had jurisdiction over whether an owner is entitled to make records requests and added the respondent's issues to the dispute.

The Tribunal declined to find the applicant's requests vexatious at this stage and found insufficient evidence that the respondent acted in a retaliatory or oppressive manner.