The appellant appealed a Licence Appeal Tribunal (LAT) decision denying her catastrophic impairment designation and a special award under s. 10 of Regulation 664.
The Divisional Court found the LAT erred in law by concluding it lacked jurisdiction to make a special award for benefits the insurer had delayed but ultimately agreed to pay before the hearing.
The Court also held the LAT breached procedural fairness by admitting and relying on the report of the insurer's psychiatric expert, who refused to attend the hearing for cross-examination.
The appeal was allowed, and the matter was remitted to a differently constituted tribunal.
