2 total
Accident benefits claim dismissed; applicant failed to prove chronic pain or psychological impairment warranting MIG removal.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing that his chronic pain and psychological impairments warranted removal from the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant failed to provide compelling medical evidence of functional impairment or disability to support a chronic pain diagnosis, and his psychological complaints did not meet the clinical criteria for impairment.
The Tribunal concluded that the applicant's injuries were predominantly minor and subject to the $3,500 MIG limit.
Consequently, the claims for additional treatment plans, an award for unreasonable delay, and interest were dismissed.
Summary judgment motion by snow removal contractor dismissed as genuine issue for trial exists regarding standard of care.
The defendant snow removal contractor brought a motion for summary judgment to dismiss the plaintiffs' slip and fall action against it.
The plaintiff slipped and fell on a snow-covered, icy parking lot at an apartment building.
The contractor argued it had fulfilled its winter maintenance obligations.
The court found that the contractor had been hired to remove a significant accumulation of ice but failed to clear the ice between parked cars, where the plaintiff fell.
The court concluded there was a genuine issue requiring a trial regarding whether the contractor breached the standard of care, and dismissed the motion.
