Dr. Frtusova

The applicant sought a determination that she sustained a catastrophic impairment (CAT) under Criterion 7 of the Statutory Accident Benefits Schedule following a motor vehicle accident.

The applicant relied on expert assessments suggesting a combined whole person impairment (WPI) of 63%, while the respondent's experts assessed her at 38%.

The Tribunal preferred the respondent's experts, finding the applicant's neurological and psychological ratings were largely unsupported by medical evidence and heavily influenced by pre-existing conditions.

The Tribunal concluded the applicant's combined WPI was 41%, falling short of the 55% threshold, and dismissed the application.

The plaintiff, Sabrina Maher, sued the defendant, Marija Kiric, for damages arising from a motor vehicle accident in which Maher, riding her bicycle, was struck by Kiric’s car.

Maher claimed she suffered permanent serious impairment, including physical, cognitive, and psychiatric injuries.

The court considered whether Maher’s claims for non-pecuniary loss and health care expenses were barred by the Insurance Act threshold.

After reviewing the evidence, including medical records and expert testimony, the court found that Maher did not sustain a permanent serious impairment as a result of the accident.

The court dismissed her claims for non-pecuniary loss and health care expenses.

The court considered whether the defendant could question experts about the effect of bicycle helmet use on the plaintiff’s injuries, where no expert had opined on the issue in their reports.

The court held that, in the absence of expert evidence specific to the case, statistical evidence about helmet efficacy was inadmissible and potentially prejudicial.

The defendant was precluded from questioning experts on this issue, and the jury would be instructed accordingly.