Claim for non-earner benefits dismissed due to insufficient evidence of complete inability to carry on normal life.
The applicant sought a non-earner benefit (NEB), interest, and an award following a motor vehicle accident.
As a preliminary matter, the Tribunal struck the applicant's written submissions beyond the 10-page limit set by a prior case conference order.
The Tribunal allowed the applicant to add a claim for an award to the issues in dispute.
On the merits, the Tribunal found the applicant failed to meet the evidentiary burden under the Heath test to prove a complete inability to carry on a normal life, relying instead on vague submissions and insufficient OCF-3 certificates.
The Tribunal preferred the respondent's medical evidence that the applicant had resumed his pre-accident life.
The claims for NEB, interest, and an award were dismissed.
OLATOntario Licence Appeal TribunalFeb 27, 2023
