Application for catastrophic impairment and accident benefits largely dismissed due to credibility issues and pre-existing disability.
The applicant sought statutory accident benefits following a 2022 motor vehicle accident, claiming catastrophic impairment under Criterion 8, income replacement benefits, attendant care benefits, and various treatment plans.
The Licence Appeal Tribunal dismissed the majority of the claims, finding the applicant's self-reports of pre-accident functioning were inaccurate, as he was receiving long-term disability and Canada Pension Plan disability benefits prior to the accident.
Surveillance evidence and testimony contradicted the applicant's claims of severe social and functional isolation.
The Tribunal found the applicant did not sustain a catastrophic impairment, was not entitled to an IRB, and was only entitled to a minor portion of one treatment plan due to a late denial by the insurer.
OLATOntario Licence Appeal TribunalMar 5, 2026
