Appeal dismissed; Arbitrator's finding of moderate rather than catastrophic psychological impairment upheld.
The appellant appealed an Arbitrator's decision that he did not suffer a catastrophic impairment following a 2009 motor vehicle accident.
The central issue was whether the appellant suffered a marked impairment in the adaptation domain, largely based on his post-accident cannabis dependence and psychological issues.
The Director's Delegate upheld the Arbitrator's findings that the appellant's pre-accident cannabis use and behavioural issues were similar to his post-accident state, and that his impairment was only moderate.
The appeal was dismissed as the Arbitrator correctly applied the law and her factual findings were not subject to review on appeal.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 30, 2017