Ashley Frydrych

The appellant appealed a Licence Appeal Tribunal (LAT) decision denying her ongoing income replacement and psychological benefits following a motor vehicle accident.

She argued she was denied procedural fairness because the insurer's psychological expert did not produce raw test data until mid-hearing, and that the LAT erred in finding the insurer made 'best efforts' to produce the file.

The Divisional Court dismissed the appeal, finding no denial of procedural fairness as the appellant had sufficient time to review the data during a five-week adjournment and cross-examine the expert.

The Court also found the LAT applied the correct legal test for 'best efforts'.

The applicant sought judicial review of a decision regarding the retrospective application of an amendment to the Statutory Accident Benefits Schedule capping attendant care benefits.

During the hearing, it was revealed that the applicant's mother's income exceeded the maximum benefit amount, meaning the applicant would continue to receive the maximum benefit regardless of the amendment.

It was also revealed that another insurer, not the respondent fund, was liable to pay the benefits.

The Divisional Court dismissed the application as moot, finding that the outcome would have no practical effect on the rights of the parties and that the case lacked the necessary factual foundation to decide the important issues raised.