The appellant appealed a Licence Appeal Tribunal decision finding he had not suffered a catastrophic impairment following a motor vehicle accident.
The appellant argued the adjudicator erred in her treatment of expert evidence, violated procedural fairness by questioning an expert, misapplied the temporal requirements for assessments under the Statutory Accident Benefits Schedule, and used an overly restrictive causation test.
The Divisional Court dismissed the appeal, finding no errors of law, as the adjudicator properly applied a flexible approach to the timing of assessments and correctly considered impairments caused by the traumatic brain injury.
