Applicant awarded non-earner benefits after wrist fracture prevented him from engaging in meaningful pre-accident activities.
The applicant was injured in a motor vehicle accident and sought a non-earner benefit from the respondent insurer.
The respondent denied the benefit, arguing the applicant did not suffer a complete inability to carry on a normal life.
The Tribunal compared the applicant's pre- and post-accident activities, noting his inability to perform meaningful hobbies, home maintenance, and family activities due to a right wrist fracture and ongoing pain.
Preferring the evidence of the treating orthopaedic surgeon over the insurer's assessor, the Tribunal found the applicant met the test for a non-earner benefit and ordered the respondent to pay the benefit with interest.
OLATOntario Licence Appeal TribunalMar 25, 2022
