Dr. Killian Walsh

The appellant insurer appealed a Licence Appeal Tribunal reconsideration decision that upheld a finding that the respondent was catastrophically impaired and entitled to non-earner benefits following a motor vehicle accident.

The Divisional Court dismissed the appeal, finding that the appellant failed to identify any extricable error of law in the adjudicator's assessment of the medical evidence and whole person impairment ratings.

The Court also rejected the appellant's argument that the adjudicator lacked jurisdiction to hear the reconsideration request as a single member of the original two-member panel, noting that the Tribunal's rules permit such a procedure.

The appellant lawyer was investigated by the Law Society for alleged involvement in mortgage fraud.

After a five-year delay, the Hearing Panel dismissed the disciplinary application, finding the delay caused the appellant serious psychological harm.

The Appeal Panel overturned this decision, finding the Hearing Panel misapprehended evidence regarding the appellant's cross-examination and applied the wrong legal test.

On appeal to the Divisional Court, the court restored the Hearing Panel's decision, holding that the Appeal Panel failed to show deference and that the unchallenged expert evidence clearly established the appellant suffered significant psychological harm due to the inordinate delay.