2 total
Applicant awarded one chiropractic treatment plan; remaining claims for assessments and therapies dismissed for insufficient evidence.
The applicant sought entitlement to statutory accident benefits for various treatment plans following a 2019 motor vehicle accident.
The Licence Appeal Tribunal found the applicant was entitled to a chiropractic treatment plan dated October 4, 2022, as the medical evidence supported it was reasonable and necessary to manage symptoms and improve functional capacity.
However, the Tribunal denied the remaining treatment plans, including a neurological assessment, a duplicate chiropractic plan, psychological services, and occupational therapy, finding insufficient medical evidence to establish they were reasonable and necessary.
Interest was awarded on the approved overdue benefits.
Ex parte order for CPL set aside and CPL discharged due to material non-disclosure.
The respondent brought a motion to set aside an ex parte order granting a certificate of pending litigation (CPL) over a residential property and to discharge the CPL.
The applicant father claimed he provided funds for the property's purchase and mortgage, alleging an oral trust agreement.
The court found the applicant failed to make full and fair disclosure of material facts on the ex parte motion, including discrepancies in the amounts allegedly provided and his involvement in the mortgage.
Although a triable issue regarding an interest in land was established, the court held that the equities favoured discharging the CPL, as damages would be an adequate remedy and a sale was pending.
The CPL was discharged on the condition that a portion of the sale proceeds be paid into court.
