Application for non-earner benefits dismissed as surveillance and medical evidence showed no complete inability.
The applicant sought Non-Earner Benefits (NEBs) following a motor vehicle accident, claiming a complete inability to carry on a normal life due to physical and psychological impairments.
The respondent insurer denied the claim.
The Tribunal found that the applicant's impairments did not continuously prevent her from engaging in substantially all of her pre-accident activities, relying on surveillance evidence showing her performing various daily tasks and the opinions of the respondent's assessors who examined her during the relevant period.
The Tribunal gave little weight to the applicant's occupational therapist's report because it was prepared long after the accident and following a second motor vehicle accident.
The application for NEBs, an award, and interest was dismissed.
OLATOntario Licence Appeal TribunalOct 31, 2018
