Applicant found not catastrophically impaired under criterion 8 as impairments were moderate, not marked.
The applicant sought a determination that she sustained a catastrophic impairment under criterion 8 of the SABS following a motor vehicle accident.
The dispute centered on whether she had marked impairments in Activities of Daily Living and Concentration, Persistence, and Pace.
The Tribunal found that while the applicant suffered moderate impairments, she retained significant useful functioning, such as driving, caring for her autistic son, and attending the gym regularly.
The Tribunal concluded the applicant did not suffer a catastrophic impairment and dismissed the claims for an award and interest.
OLATOntario Licence Appeal TribunalJan 7, 2025
