Dr. Lawrence Reznek

The applicant sought a determination that he sustained a catastrophic impairment as a result of a motorcycle accident, along with entitlement to income replacement benefits, medical benefits, an award, and interest.

The Licence Appeal Tribunal found that the applicant did not meet the 55% whole person impairment threshold under either Criterion 6 or 7 of the Statutory Accident Benefits Schedule, preferring the respondent's medical experts and video surveillance evidence over the applicant's experts.

The Tribunal also dismissed the claim for post-104 week income replacement benefits, finding the applicant did not suffer a complete inability to engage in employment, as he had returned to modified work and performed some DJ work.

The claims for unpaid assessments, assistive devices, an award, and interest were also dismissed.

The appellant was injured in a motor vehicle accident and claimed significant neurological, psychological, and physical injuries.

At trial, the jury awarded $30,000 for general damages and $48,000 for past lost income, rejecting claims for future loss.

The appellant appealed, arguing the trial judge failed to adequately instruct the jury on the 'material contribution' test for contributory causation.

The Court of Appeal found that while the trial judge erred in his instruction by not referring to the appellant's overall post-accident condition, the error occasioned no substantial wrong or miscarriage of justice given the evidence and the jury's verdict.