Dr. Leclerc

The applicant sought a determination of catastrophic impairment under Criterion 8 of the Statutory Accident Benefits Schedule following a 2017 motor vehicle accident.

The respondent insurer denied the designation.

The Tribunal found that the applicant suffered marked impairments in three functional domains: Adaptation, Social Functioning, and Activities of Daily Living.

The adjudicator preferred the applicant's expert evidence, particularly an occupational therapy assessment that included community-based testing and collateral interviews, over the respondent's in-home assessment.

The Tribunal concluded that the applicant's severe psychological decline and alcohol use disorder were directly related to the accident, rendering him catastrophically impaired.

The plaintiffs brought a motion to strike the defendants' jury notice due to the suspension of civil jury trials in Ottawa caused by the COVID-19 pandemic.

The defendants brought a cross-motion to compel the injured plaintiff to attend an independent medical examination (IME) without the presence of a support person.

The court granted both motions, finding that the pandemic-related delay justified striking the jury notice to ensure timely access to justice, and that the defendants were entitled to an IME without third-party interference absent medical evidence requiring a support person.