Tribunal finds motor vehicle accident was a necessary cause of infection leading to leg amputation.
The applicant sought a determination that he sustained a catastrophic impairment following a motor vehicle accident that resulted in a knee injury, which subsequently became infected with necrotizing fasciitis leading to a leg amputation.
The respondent argued the infection was caused by strep throat, not the accident.
Applying the 'but for' test for causation, the Tribunal accepted the applicant's expert evidence that the accident caused the initial trauma which allowed the infection to enter the knee.
The Tribunal found the applicant sustained a catastrophic impairment but denied the claim for a section 10 award as no supporting evidence was provided.
OLATOntario Licence Appeal TribunalMay 30, 2025
