Application for accident benefits dismissed; applicant failed to prove causation due to multiple intervening accidents.
The applicant sought accident benefits following a motor vehicle accident, claiming removal from the Minor Injury Guideline (MIG) on the basis of chronic pain and psychological impairment.
The respondent denied the benefits, arguing that the applicant's ongoing complaints were not caused by the subject accident, as she had been involved in multiple subsequent incidents, including a bus accident, a slip and fall, and being crushed by subway doors.
The Tribunal applied the 'but for' test for causation and found that the applicant failed to prove her chronic pain and psychological impairments were caused by the subject accident.
The Tribunal concluded the applicant's injuries were predominantly minor and dismissed the claims for treatment plans, interest, and an award.
OLATOntario Licence Appeal TribunalApr 25, 2025
