Randy Knight

The plaintiff tripped and fell on a 50 mm milled asphalt edge while crossing a road under construction at night, sustaining a broken arm.

She sued the municipality under the Municipal Act and the paving contractor under the Occupiers' Liability Act.

The court found that the defendants breached their respective duties by failing to install a temporary ramp at the pedestrian crossing, which constituted an unreasonable hazard.

However, the plaintiff was found 35% contributorily negligent for failing to keep a proper lookout in a known construction zone.

The defendants were held jointly and severally liable for 65% of the agreed damages.

The applicant sought an award under section 10 of O. Reg. 664, alleging the respondent unreasonably delayed or withheld payment of a benefit by failing to provide a response to a psychological treatment plan.

The respondent admitted to making administrative errors in sending the approval to the wrong fax number and email address.

The Tribunal dismissed the application, finding that while the respondent made errors, there was no evidence that payment of a benefit was unreasonably withheld or delayed, as the applicant had not incurred any of the goods or services listed in the treatment plan.

The applicant sought to amend a $5,000 expenses award in favour of the insurer following an appeal of an arbitration decision regarding statutory accident benefits.

The Director's Delegate found that the applicant's success on appeal was minor compared to the total claim, and the insurer's success on a cross-appeal regarding interest rates balanced out the applicant's gains.

The original $5,000 expenses award to the insurer was upheld.

Following an arbitration decision regarding statutory accident benefits, the parties were unable to resolve the issue of expenses.

The insurer claimed success on the post-104-week income replacement benefit issue and three of six medical issues, seeking $22,912.12 in fees and $8,351.16 in disbursements.

The applicant also claimed partial success.

The arbitrator found the insurer was entitled to its expenses but reduced the amount to reflect the applicant's degree of success, principles of reasonableness, consumer protection, and access to justice.

The insurer was awarded $5,000 inclusive of fees, disbursements, and HST.

The applicant was injured in a motor vehicle accident when she was struck by a car while crossing a street.

She applied for statutory accident benefits, including post-104 week income replacement benefits and various medical and rehabilitation benefits.

The arbitrator found that the applicant suffered from chronic pain but failed to prove a complete inability to engage in suitable employment, dismissing the claim for income replacement benefits.

The arbitrator granted entitlement to an occupational therapy re-assessment, a portion of physical rehabilitation, and a vocational assessment, finding the insurer's denials improper or the treatments reasonable and necessary.

Claims for further physical rehabilitation and orthotics were dismissed.

The arbitrator awarded interest on overdue payments but declined to order a special award against the insurer.