Application for catastrophic impairment benefits dismissed as applicant failed to meet evidentiary burden.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming catastrophic impairment under Criteria 7 and 8 of the Schedule due to vascular dementia and other impairments.
The respondent denied the benefits, noting the applicant had already reached the non-catastrophic funding limit.
The Licence Appeal Tribunal found that the applicant failed to meet the burden of proving catastrophic impairment, as the medical evidence did not establish a 55% whole person impairment under Criterion 7 or a marked impairment in three domains under Criterion 8.
Consequently, the claims for additional medical benefits, interest, and a section 10 award were dismissed.
OLATOntario Licence Appeal TribunalNov 20, 2025
