Samia Alam

Full Decision Insurer ordered to pay home modifications for catastrophically insured claimant – motion for stay pending appeal denied. The respondent was 83 years when she sustained catastrophic injuries in a motor vehicle accident in April 2016. Following the accident, she continued to live in her apartment with attendant care services. She requested home modifications to her daughter’s home under the Statutory Accident Benefits Schedule …

Breach of rule in Browne v. Dunn upheld – Evidence never put before plaintiff on cross-examination Full Decision This action arose out of a motor vehicle collision which occurred in March 2015. The plaintiff’s (Respondent on appeal) vehicle was rear-ended at high speed, became airborne, rolled over and landed in a ditch. The plaintiff suffered a mild traumatic brain injury (mTBI) and experienced post-concussion syndrome. …

Full Decision On April 19, 2021, the applicant, a self-employed bicycle delivery person, was involved in a motor vehicle collision. As a result, the applicant required surgery for physical injuries and qualified for post-104-week income replacement benefits. His non-catastrophic medical rehabilitation/attendant care limits were eventually exhausted. A preliminary issue arose as to whether the applicant’s roommate could testify. The witness statement was late served – …

Full Decision This was an appeal to the Divisional Court from the Licence Appeal Tribunal (LAT) and reconsideration decision of Vice-Chair Farlam. Several grounds of appeal were raised but the court found it unnecessary to address all grounds. Instead, it focused on the substantive issue of attendant care issue and found the Vice-Chair erred in law by applying the wrong test and making conclusory statements. …

Full Decision APPLICANT FOUND CATASTROPHICALLY IMPAIRED DESPITE COMPLEX PRIOR MEDICAL HISTORY – COLLISION NECESSARY CAUSE OF EXTREME IMPAIRMENT This LAT hearing arose from a motor vehicle collision (MVC) that took place in July 2018. It involved a preliminary issue on whether the applicant was barred from seeking catastrophic (CAT) impairment due to failure to attend a s. 44 insurer examination (IE) as required under s. …