Application for catastrophic impairment benefits dismissed as barred by res judicata; new reports were not fresh evidence.
The applicant sought statutory accident benefits for a catastrophic impairment following a motor vehicle accident.
The Licence Appeal Tribunal had previously determined in a 2024 decision that the applicant did not sustain a catastrophic impairment.
The applicant filed a second application based on new medical reports.
The respondent raised the preliminary issue of res judicata.
The Tribunal found that the three preconditions for res judicata were met.
Furthermore, the Tribunal declined to waive the doctrine, finding that the new medical reports did not constitute fresh evidence that would conclusively impeach the original results, as they relied on the applicant's inaccurate self-reporting of her pre-accident condition.
The application was dismissed.
OLATOntario Licence Appeal TribunalSep 3, 2025
