Citation: Borenko v. Wawanesa Insurance Company, 2025 ONLAT 24-001141/AABS
Licence Appeal Tribunal File Number: 24-001141/AABS
In the matter of an application pursuant to [subsection 280(2)](https://www.canlii.org/en/on/laws/stat/rso
minicounsel
Borenko v. Wawanesa Insurance Company, 2025 CanLII 122678
Case Summary
The applicant sought accident benefits following a motor vehicle accident. The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG). The applicant argued for removal from the MIG based on a scapular fracture, pre-existing conditions, psychological impairments, and a concussion. The Tribunal found the applicant failed to prove any of these grounds on a balance of probabilities, noting inconsistencies in reporting and a lack of diagnoses from qualified medical practitioners. The Tribunal held that diagnosing psychological impairments and concussions is outside the scope of practice for chiropractors and occupational therapists. As the injuries were predominantly minor, the disputed treatment plans were not considered. The Tribunal also dismissed the claims for income replacement benefits and attendant care benefits due to insufficient evidence. The application was dismissed.