Laura Burnett

The applicant sought a determination that she sustained a catastrophic impairment (CAT) as a result of a motor vehicle accident, along with entitlement to attendant care benefits and a special award for unreasonable delay.

The Licence Appeal Tribunal found that the applicant did not meet the CAT threshold under Criterion 8, as she only demonstrated moderate, rather than marked, impairments in the spheres of functioning.

The claim for attendant care benefits was dismissed because the expenses were not incurred.

However, the Tribunal granted a special award under s. 10 of O. Reg. 664, finding that the respondent unreasonably delayed and withheld payment of income replacement benefits and treatment plans.

The respondent was ordered to pay an award equal to 25% of the delayed benefits.

The applicant sought judicial review of a Licence Appeal Tribunal (LAT) decision dismissing her claims for statutory accident benefits, including income replacement benefits, catastrophic impairment designation, and attendant care benefits.

The Divisional Court dismissed the application, finding that the LAT's decisions regarding the 104-week deadline for income replacement benefits, the assessment of catastrophic impairment criteria, and the reduction of attendant care benefits were reasonable.

The court also rejected the applicant's claims of procedural fairness violations, concluding that the LAT appropriately controlled its own process.

The applicant sought statutory accident benefits following a 2018 motor vehicle accident, including a determination of catastrophic impairment, income replacement benefits (IRBs), attendant care benefits (ACBs), and medical benefits.

The Tribunal found the applicant was barred from claiming IRBs because she failed to apply or qualify within 104 weeks of the accident.

The Tribunal also determined the applicant did not sustain a catastrophic impairment, finding the impairment ratings provided by her assessors were inflated and unsupported by the medical record.

The applicant was awarded ACBs of $905.34 per month from May 31, 2022, subject to proof the expenses were incurred, but her claims for medical benefits, examination expenses, and an award for unreasonable delay were dismissed.