The applicant sought judicial review of a Licence Appeal Tribunal decision that found she had not sustained a catastrophic impairment following a motor vehicle collision.
The applicant argued the Tribunal unreasonably rejected expert evidence that her accident-related sleep impairments resulted in a 9% whole person impairment rating.
The Divisional Court dismissed the application, finding the Tribunal reasonably concluded there was a lack of causal evidence linking the sleep impairment to the accident and that the Tribunal's reasons were justified, transparent, and intelligible.