Reconsideration granted due to procedural fairness breach; attendant care benefits awarded on rehearing.
The applicant requested a reconsideration of a Licence Appeal Tribunal decision that denied his claims for attendant care benefits and various treatment plans following a motor vehicle accident.
The Vice-Chair found that the original adjudicator committed a material breach of procedural fairness by striking pages of the applicant's submissions without analyzing the prejudicial impact.
The decision was cancelled and reheard.
On rehearing, the Vice-Chair granted the applicant's claim for attendant care benefits at $2,257.09 per month, preferring the evidence of the applicant's occupational therapist.
However, the claims for the disputed treatment plans were dismissed as the applicant failed to draw specific connections to the medical evidence to show they were reasonable and necessary.
OLATOntario Licence Appeal TribunalAug 6, 2025
