Olga Kanevsky

The applicant was injured in a snowmobile accident and sought a determination that he sustained a catastrophic impairment due to a mental or behavioural disorder.

The respondent disputed the catastrophic impairment designation and denied several treatment plans and assessments.

The adjudicator found that the applicant sustained a catastrophic impairment, concluding he had marked impairments in activities of daily living, social functioning, and adaptation, despite the respondent's reliance on social media posts showing the applicant travelling.

The adjudicator awarded the disputed treatment plans at the catastrophic impairment rates and awarded HST on the assessments, but capped the assessment fees at the $2,000 statutory maximum.

Claims for a special award and costs were dismissed.

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

The insurer denied a treatment plan for physiotherapy, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit was exhausted.

The Tribunal found the applicant failed to prove on a balance of probabilities that his injuries fell outside the MIG, noting a lack of evidence linking ongoing pain to the accident and a significant gap in treatment.

The Tribunal also found the insurer provided valid denials under s. 38(8) of the Schedule.

The application was dismissed.

The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits.

The respondent denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued that pre-existing back pain, chronic pain, and psychological impairments removed him from the MIG.

The Tribunal found insufficient evidence that the pre-existing condition prevented maximal recovery within the MIG, noting the applicant's own family physician diagnosed injuries falling within the MIG.

The Tribunal also found the respondent complied with the notice requirements under s. 38(8) of the Schedule.

As the $3,500 MIG limit was exhausted, the disputed treatment plans were not payable.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident but failed to participate in the dispute resolution process or attend a scheduled case conference.

The applicant's counsel brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, and the respondent brought a motion to dismiss the application as abandoned.

The Licence Appeal Tribunal granted both motions, removing counsel from the record and dismissing the application as abandoned pursuant to Rule 3.4 of the Licence Appeal Tribunal Rules of Practice and Procedure.

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

After failing to attend a pre-hearing discussion, the applicant was provided notice of the arbitration hearing but failed to participate.

The arbitrator proceeded in the applicant's absence and dismissed the application for arbitration, as no evidence was presented to prove entitlement to the claimed benefits.

Additionally, the arbitrator granted a motion by the applicant's legal representative to be removed from the record due to a breakdown in the solicitor-client relationship.

The parties were invited to provide written submissions regarding expenses.

The applicants sought statutory accident benefits following a motor vehicle accident but failed to attend their scheduled arbitration hearing.

The arbitrator proceeded in their absence and dismissed the applications, as the applicants failed to meet their burden of proof.

The arbitrator also granted a motion by the applicants' legal counsel to be removed from the record due to a breakdown in the solicitor-client relationship.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming his injuries fell outside the Minor Injury Guidelines (MIG) due to chronic pain and psychological impairments.

The arbitrator found the applicant lacked credibility, having provided inconsistent and inaccurate information to various medical assessors, including failing to disclose a subsequent eye surgery.

The arbitrator concluded the applicant did not prove his injuries fell outside the MIG.

Consequently, the claims for multidisciplinary treatment plans and a psychological assessment were dismissed.

The applicant was also ordered to repay an erroneous payment of $135.60 to the insurer.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits from the insurer.

After mediation failed, the applicant applied for arbitration.

The applicant failed to attend a prehearing discussion and subsequently failed to attend the arbitration hearing.

The applicant's counsel brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, having been unable to contact the applicant.

The arbitrator granted counsel's motion to withdraw.

The insurer requested that the application for arbitration be dismissed.

Finding that the applicant had been properly notified and failed to meet her onus to establish entitlement to the claims, the arbitrator dismissed the application for arbitration.