Applicant deemed catastrophically impaired under Criterion 8 as accident exacerbated pre-existing psychological conditions.
The applicant sought a determination that she sustained a catastrophic impairment under Criterion 8 of the Schedule following a 2022 motor vehicle accident.
The respondent denied the claim, arguing her impairments stemmed from pre-existing conditions, including a prior accident and childhood trauma.
The Tribunal applied the 'but for' test for causation and found that the 2022 accident exacerbated her pre-existing psychological issues, resulting in marked impairments in activities of daily living, social functioning, and adaptation.
The Tribunal preferred the evidence of the applicant's experts and found she met the threshold for catastrophic impairment.
OLATOntario Licence Appeal TribunalApr 27, 2026
