17-002688 vs Aviva Insurance Company of Canada, 2017 CanLII 85693

Dec 14, 2017

Adjudicator: S.F. Mather

Issues:

Do the injuries sustained by T.T.K. fall within the Guideline?

The Tribunal finds that they do not and thus the applicant is entitled to the cost of the disputed treatment plan for a psychological assessment. The Tribunal does however uphold the denial of 3 treatment plans citing that even based on all of the evidence provided these treatment plans are not deemed to be reasonable and necessary.

Preliminary Issue:

The applicant served a notice of motion asking for an Order permitting her to add a case to her Book of Authorities that dealt with a constitutional issue. The motion was required because the deadline for submissions had passed.  If the Tribunal allowed the case to be added the applicant would be able to argue constitutional issues without providing any notice to the Attorney General and there would also be great prejudice to the respondent. The addition of the case was not allowed.