The appellant sought to set aside a settlement agreement for statutory accident benefits reached in 2016, arguing he lacked the capacity to enter into the contract.
The Licence Appeal Tribunal dismissed the application, finding the appellant failed to rebut the statutory presumption of capacity.
On appeal and judicial review, the Divisional Court upheld the Tribunal's decision, finding no errors of law in the capacity analysis and concluding the decision was reasonable.
The court also rejected arguments that the Tribunal breached procedural fairness by excluding a retrospective expert capacity report.
