Applicant awarded further lump sum indemnity for non-pecuniary damage based on 8% overall impairment rating under Quebec law.
The applicant, an Ontario resident, was injured in a motor vehicle accident in Quebec and elected to receive statutory accident benefits under Quebec law.
The parties agreed the applicant was entitled to a lump sum indemnity for non-pecuniary damage but disputed the amount.
The adjudicator accepted the opinions of both the applicant's and respondent's orthopaedic experts, finding that the applicant's cervical spine impairment met the criteria for a category two severity rating (4%) under the Quebec Regulation.
Combined with a category two lumbar spine impairment (4%), the overall impairment rating was 8%.
The adjudicator awarded the applicant a further $5,127.66 plus interest, based on the indexed maximum amount of $256,383.00.
OLATOntario Licence Appeal TribunalMay 10, 2023
