Request for reconsideration dismissed; no procedural unfairness or errors of law in catastrophic impairment decision.
The applicant sought reconsideration of a decision finding she had not sustained a catastrophic impairment.
She argued the adjudicator violated procedural fairness by granting an insufficient adjournment after her counsel's files were lost to ransomware, allowing a witness order change, failing to provide adequate reasons, relying on outdated surveillance evidence, and accepting a novel 'substitution test' for causation.
The Tribunal dismissed the request, finding the adjournment was reasonable, the witness change was minor, the reasons were adequate, the surveillance was properly considered as part of a global assessment, and the correct 'but for' causation test was applied.
OLATOntario Licence Appeal TribunalJul 11, 2023
