Catastrophic impairment claim dismissed; functional limitations attributed to physical pain rather than mental or behavioural disorders.
The applicant sought a determination that she sustained a catastrophic impairment under Criterion 8 (mental and behavioural disorders) following a 2012 motor vehicle accident.
The Tribunal first dismissed the applicant's preliminary motion for summary judgment, finding no jurisdiction to dispose of substantive issues without a hearing.
On the merits, the Tribunal preferred the evidence of the respondent's psychiatric expert over the applicant's expert, finding that the applicant's functional impairments were primarily caused by physical chronic pain rather than an accident-related mental or behavioural disorder.
The Tribunal concluded the applicant did not suffer a marked or extreme impairment in any of the four areas of functioning.
The application was dismissed, and the applicant was ordered to pay $250 in costs for unreasonable delays in producing disclosures.
OLATOntario Licence Appeal TribunalMay 3, 2024
