Ms. Dyk

The applicant sought statutory accident benefits following a 2017 motor vehicle accident, claiming she sustained a catastrophic impairment due to mental and behavioural disorders.

The Tribunal found that the accident was a necessary cause of her psychological impairments, despite a pre-existing medical history.

Applying the Guides, the Tribunal concluded the applicant suffered a marked impairment in all four spheres of functioning.

The Tribunal awarded attendant care benefits and occupational therapy services, but denied claims for certain assistive devices.

The appellant insurer appealed a trial judgment awarding the respondent insured statutory accident benefits and $25,000 in damages for mental distress following a motor vehicle accident.

The insurer had terminated housekeeping and transportation benefits based on a superficial independent medical examination, ignoring its own occupational therapist's recommendations.

The Court of Appeal upheld the awards for housekeeping benefits, s. 24 assessments, and mental distress, finding that peace of mind is a reasonably contemplated object of an automobile insurance contract.

The court allowed the appeal only to reduce the quantum of transportation benefits from $7,500 to $2,280 due to a lack of evidence supporting the higher amount.