The applicant appealed a Licence Appeal Tribunal decision finding she was not catastrophically impaired following a motor vehicle accident.
At the hearing, the Tribunal admitted the respondent insurer's expert psychiatric reports but refused to issue a summons to compel the expert's attendance for cross-examination due to non-compliance with procedural rules.
The Divisional Court allowed the appeal, holding that the Tribunal's strict application of its rules and refusal to facilitate the cross-examination of a key expert witness on a critical issue breached the applicant's right to procedural fairness.
The matter was remitted to the Tribunal for a new hearing.
