The appellant appealed a Licence Appeal Tribunal decision finding she did not sustain a catastrophic impairment from a motor vehicle accident.
The appellant argued the adjudicator misapplied the 'but for' test for causation regarding her psychological and behavioural impairments.
The Divisional Court dismissed the appeal, holding that the adjudicator correctly applied the legal test for causation and that her conclusions were factual findings supported by the evidence.
The court also upheld the adjudicator's finding that the appellant failed to prove a marked impairment in three spheres of functioning.
