Non-earner benefit denied; applicant's inability to carry on a normal life was caused by terminal cancer, not the accident.
The applicant's estate sought a non-earner benefit following a motor vehicle accident.
Prior to the accident, the applicant had been diagnosed with progressive, metastatic breast cancer and chronic renal failure.
The Tribunal dismissed the application, finding that the applicant's impairments and declining ability to lead a normal life were caused by her terminal cancer rather than the soft-tissue injuries sustained in the accident.
The Tribunal concluded the applicant did not suffer a complete inability to carry on a normal life as a result of the accident.
Claims for interest and costs were also dismissed.
OLATOntario Licence Appeal TribunalJan 20, 2022