Peter N. Downs

The applicant sought income replacement benefits and medical benefits following a minor motor vehicle accident.

The Licence Appeal Tribunal dismissed the application, finding that the applicant did not suffer a complete inability to engage in employment.

The Tribunal relied on surveillance evidence showing the applicant socializing, driving, and taking vacations, which contradicted his claims of severe impairment.

The Tribunal also found the claimed medical benefits were not reasonable and necessary, as previous treatments had not improved his condition and independent medical examinations found him capable of working.

This is an addendum to a ruling granting the defendants' motion to dismiss the action.

The court clarified that the dismissal is not an adjudication on the merits and does not automatically declare the 1997 will takes precedence over the 2001 will.

The court ordered the parties to attend a settlement meeting if the matter is not resolved within 45 days.

The plaintiff commenced an action in 2002 seeking a declaration that a 2001 will executed by his late father was valid.

The defendants, the plaintiff's sisters, challenged the father's testamentary capacity.

After 17 years of litigation with significant periods of inaction, the defendants moved to dismiss the action for delay.

The court found the delay was inordinate and inexcusable, rejecting the plaintiff's explanations regarding childcare and financial difficulties.

The court also found the delay caused specific prejudice to the defendants, as relevant medical and insurance records were no longer available.

The motion to dismiss the action was granted.

The appellant appealed a summary judgment decision dismissing her medical malpractice, defamation, and negligence claims against multiple defendants including paramedic services, nine physicians, a hospital, and a medical clinic.

The motion judge had granted summary judgment on all claims.

The Court of Appeal upheld the dismissals but amended the judgment regarding Royal Victoria Regional Health Centre to clarify that only claims relating to Triage Nurse J. Doe's actions on March 10 and 11, 2012 were dismissed, not all claims against the hospital.

The appellant's appeal was otherwise dismissed with costs awarded to the respondents.

The appellant, a self-employed life insurance agent, was injured in a motor vehicle accident and claimed income replacement benefits.

The dispute centered on whether the commissions he received in the 52 weeks prior to the accident should be treated entirely as income or as a combination of income and a loan under a 'renewal capitalization' plan.

The arbitrator found that the payments were a combination of income and loan, meaning only the earned commission portion should be included in the pre-accident income calculation.

The Director's Delegate upheld the arbitrator's decision, finding ample accounting evidence to support the conclusion that the loan portion did not become income until policies were renewed.

The applicant was injured in a motor vehicle accident and received weekly income benefits and rehabilitation benefits from the insurer.

The insurer terminated the weekly benefits, arguing the applicant was no longer substantially unable to perform the essential tasks of her pre-accident employment as a sales clerk.

The arbitrator found that the medical evidence, including the insurer's own medical examination, supported the applicant's ongoing inability to work due to chronic pain and fibromyalgia.

The arbitrator ordered the insurer to pay ongoing weekly income benefits and outstanding rehabilitation expenses.

Furthermore, the arbitrator awarded a special award of $3,000 against the insurer for unreasonably withholding and delaying the payment of benefits, noting the insurer's refusal to share medical reports and its inappropriate reliance on a medical report that actually recommended further rehabilitation.