The appellant appealed a Licence Appeal Tribunal (LAT) decision denying certain statutory accident benefits.
The Divisional Court found that the LAT adjudicator denied the appellant procedural fairness by unilaterally separating her hearing from her mother's, drastically reducing the scheduled hearing time without adequate notice, and refusing to allow cross-examination of the respondent's occupational therapist whose report had been materially altered by an assessment company.
The appeal was allowed, and the matter was remitted for a new hearing before a different adjudicator.
