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The Federal Court dismissed an application for judicial review of an RCMP grievance decision denying IVF reimbursement for a non-member spouse.
The court awarded damages to Rajwant Bath for chronic injuries and reduced earning capacity after two admitted motor vehicle accidents, applying the Rab/Dornan framework.
The court found the collision caused ongoing neuropathic symptoms and minor mood issues, but reduced earnings claims for failure to mitigate and awarded $650,523 gross.
Following two admitted-liability motor vehicle accidents, the court assessed chronic pain, wage loss, housekeeping loss, future care, and special damages, awarding the plaintiff CAD 261,297.
The court held that costs could be awarded against a plaintiff whose claim was dismissed before certification, and ordered costs on Scale B against Mr. Nickel.
Cyclist-motorist negligence case where the court apportioned fault 40/60, found soft tissue injuries but no aggravation of pre-existing osteoarthritis, and awarded damages accordingly.
Although the Appellant has credible evidence of chronic pain and associated mood disorder, she unreasonably declined to pursue recommended multidisciplinary pain treatment and psychological interventions; because it is impossible to assess potential functional improvement without those reasonable treatments, the Appellant failed to prove on the balance of probabilities that her disability was severe by the MQP (Dec 31, 2016), and the appeal is dismissed.
Source excerpt
The Court dismissed the appeal: it held the Reduction of Payable Benefits Clause, read as a whole, permitted the insurer to reduce current LTD benefits to recoup past superannuation payments; no ad hoc fiduciary duty arose; the insurer's ongoing 50% reduction was reasonable and not a breach of good faith; the Wages Act did not apply; costs of $20,000 awarded to respondent and added to overpayment balance.
Source excerpt
The court ordered each party to bear its own costs after a trial over disability benefits, citing divided success, the defendant’s hardship, and plaintiff misconduct.
The court upheld litigation privilege over Appendix B documents, required listing correspondence relating to two expert reports, and refused to order an expert examination at this stage.
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