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Appeal from LAT dismissed; new case law does not constitute new evidence for reconsideration requests.
The appellant appealed a Licence Appeal Tribunal (LAT) decision denying her entitlement to post-104-week income replacement benefits under the Statutory Accident Benefits Schedule.
The Divisional Court dismissed the appeal, finding no errors of law.
The court affirmed that new binding case law does not constitute new evidence for a reconsideration request, and held that the insurer's denial letter adequately complied with the statutory notice requirements under s. 37(4) of the SABS.
Convictions for armed home invasion upheld; circumstantial evidence and recent possession supported identity finding.
The appellant appealed his convictions for multiple offences relating to an armed home invasion robbery.
He argued that the trial judge erred in finding sufficient evidence of identity, misapprehended evidence, and erred in law by reversing the burden of proof.
The Court of Appeal found that the trial judge reasonably inferred identity from circumstantial evidence, including the doctrine of recent possession, and did not misapprehend material evidence or misapply the W.(D.) framework.
The appeal was dismissed.
