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Rear-end collision trial: the court found negligence, rejected traumatic brain injury, accepted chronic pain and depression, and awarded $250,521.36 in damages.
On the balance of probabilities the claimant was incapable, on a regular basis, of pursuing any substantially gainful occupation and her condition was likely long continued and of indefinite duration as of November 2017 based on consistent clinical evidence (notably Dr. Dayal), claimant's credible testimony about functional limitations, treatment history, and reasonable non‑compliance due to severe anxiety and depression; therefore she meets the CPP severe and prolonged test and is entitled to payment from March 2018.
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The appeal is dismissed because medical evidence did not support the claimant’s account of disabling limitations by the MQP and the claimant unreasonably failed to follow recommended treatments that could have improved her condition; therefore she did not prove she was incapable regularly of pursuing any substantially gainful occupation by December 31, 2018.
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The Tribunal concluded that the Appellant’s combined mental health conditions (depression, PTSD, anxiety) and radiation-induced neuropathy were severe and prolonged such that he was incapable regularly of pursuing any substantially gainful occupation on or before the MQP (end December 31, 2014); his 2016 unsuccessful modified return to work did not demonstrate capacity; he was therefore deemed disabled as of July 2013 and entitled to CPP disability pension payments commencing November 2013.
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Leave to appeal was granted solely on the narrow ground that the General Division may have applied or stated the burden of proof incorrectly; all other alleged errors were rejected as the General Division conducted adequate Villani-related analysis and did not improperly infer dishonesty from job search.
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The court awarded damages to a motor vehicle accident plaintiff for neck, hip, pain and depression injuries, while rejecting thoracic outlet syndrome.
Court found a motor vehicle accident aggravated pre-existing pain for about a year, but rejected claims for depression and alcohol dependence, awarding limited damages.
The court assessed damages after a motor vehicle collision, finding chronic neck and back pain, depression, cognitive difficulties, carpal tunnel syndrome, and a deviated septum were caused by the accident.
Trial judgment in a motor vehicle personal injury case assessing credibility, causation, and damages after admitted liability for the 2001 collision.
The court awarded damages for soft tissue injuries and the acceleration of a pre-existing degenerative spinal condition after a rear-end collision.
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