Vladislav Lynsaght

The applicant sought judicial review of a Discipline Committee's decision dismissing his motion to stay a professional discipline charge on the basis of delay.

The applicant argued that the eight-year delay in the proceedings amounted to an abuse of process.

The Divisional Court applied the framework for inordinate delay and found that while the delay was lengthy, it was not inordinate when viewed contextually.

Significant portions of the delay were caused by the applicant's own motions or were inherent to ensuring a fair process.

The application for judicial review was dismissed.

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

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

The applicant argued she suffered from chronic pain with functional limitations, removing her from the MIG.

The Tribunal found the applicant failed to prove on a balance of probabilities that she suffered from chronic pain caused by the accident, preferring the respondent's physiatrist's evidence over the applicant's.

As the MIG limits were exhausted, the disputed treatment plans were not payable.

The Tribunal also found the respondent properly denied the treatment plans within the prescribed timelines, and dismissed the claims for interest and an award.

The applicant sought various statutory accident benefits following a 2017 motor vehicle accident, including attendant care benefits, occupational therapy, assistive devices, and assessments.

The Licence Appeal Tribunal found that the applicant's ongoing impairments were caused by pre-existing degenerative conditions rather than the accident, relying on the respondent's orthopaedic assessment.

The Tribunal denied further attendant care benefits and most treatment plans, but approved a psychological assessment, an attendant care assessment, and an inner bathmat.

The claim for a special award was dismissed as the respondent did not act unreasonably or in bad faith.