Application for non-earner benefits dismissed as applicant failed to prove complete inability to live a normal life.
The applicant sought a non-earner benefit following a motor vehicle accident.
The respondent insurer raised a preliminary issue that the applicant was barred from proceeding because she failed to cooperate during an insurer's examination.
The Tribunal found insufficient evidence of a deliberate failure to cooperate and allowed the application to proceed.
On the substantive issue, the Tribunal applied the Heath test and found a total lack of cogent evidence to support a finding that the applicant suffered a complete inability to carry on a normal life.
The application was dismissed.
OLATOntario Licence Appeal TribunalNov 18, 2022
