Day: July 18, 2023

Sara Baum successfully defended a LAT application in which the claimant sought a removal from the Minor Injury Guideline (“MIG”).

Upon review of the claimant’s medical records, Adjudicators Clive Forbes and Deborah Neilson found that the claimant had not established that his pre-existing injuries or his alleged chronic pain condition prevented him from maximal recovery under MIG limits. The Adjudicators accepted Ms. Baum’s position and held that the claimant was required to produce more compelling evidence to establish that he suffered from a psychological impairment that justified his removal from the MIG.

The LAT dismissed the claimant’s application.

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Sara Baum was successful in her motion to bar the claimant’s LAT application from proceeding and have the application dismissed pursuant to sections 32 and 55 of the SABS. The claim arose from an accident that occurred on March 1, 2019. The claimant advised her insurer shortly after the accident that she had not suffered injuries from the accident. She did not advise her insurer of her intention to apply for accident benefits until March 1, 2021 and submitted her OCF-1 on March 7, 2021.

Adjudicator Terry Hunter rejected the claimant’s submissions. He noted that ignorance of the law did not relieve the claimant of her failure to comply with Section 32(1) of the SABS. Adjudicator Hunter also found that the insurer would suffer greater prejudice if he permitted the application to proceed. The evidence indicated that the claimant had not suffered any injuries or, at most, had sustained soft tissue injuries in the accident. The insurer, on the other hand, was no longer be able to properly assess and adjust the application due to the lack of contemporaneous evidence regarding the claimant’s condition.

The claimant’s application was barred from proceeding and her application was dismissed.

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Sean Murtha successfully defended Toronto Metropolitan University from a claim commenced by a former part-time employee. Justice Wheatley found that the plaintiff had not plead in his claim nor produced at trial evidence to establish any of his 14 causes of action. He found instead that the evidence supported the defence’s position.

Justice Wheatley dismissed the claim.

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