Reconsideration dismissed; brain contusion falls within Minor Injury Guideline absent evidence of non-minor impairment.
The applicant requested a reconsideration of a Tribunal decision finding that her brain contusion fell within the Minor Injury Guideline (MIG).
The applicant argued the Tribunal erred in law by interpreting 'contusion' in the definition of 'minor injury' to include brain contusions, asserting this was incompatible with the catastrophic impairment definition.
The Tribunal dismissed the request, holding that the legislature did not exclude intracranial contusions from the minor injury definition, and a brain contusion remains a minor injury unless it results in a non-minor impairment.
The Tribunal also found no error of fact in its weighing of the medical evidence.
OLATOntario Licence Appeal TribunalJul 9, 2025
