Dr. Sherise Ali

The applicant sought reconsideration of a Tribunal decision that found he did not sustain a catastrophic impairment.

The Associate Chair initiated a review and found that the Tribunal committed a material breach of procedural fairness by relying on the respondent's expert report after the expert was not made available for cross-examination.

The Tribunal's failure to allow cross-examination on central evidence, while still relying on the report to support its conclusions, warranted cancelling the original and reconsideration decisions.

A new hearing was ordered.

The applicant requested a reconsideration of a Licence Appeal Tribunal decision finding he had not sustained a catastrophic impairment.

The applicant argued the Tribunal breached procedural fairness by relying on the untested report of the respondent's psychiatric expert, who did not attend the hearing for cross-examination.

The adjudicator dismissed the request, finding no procedural unfairness because the parties knew from the outset the expert would not testify, the report was properly admitted under section 15(1)(b) of the Statutory Powers Procedure Act, and the Tribunal appropriately assigned it less weight.