Ms. Jackie Auger

The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits, attendant care benefits, and various treatment plans.

The Licence Appeal Tribunal dismissed the application in its entirety.

The Tribunal found the applicant did not meet the test for a complete inability to carry on a normal life, preferring the respondent's section 44 assessments which attributed her functional decline to pre-existing conditions and age rather than the accident.

Furthermore, the Tribunal held that the applicant's claims for attendant care and treatment plans were barred because the non-catastrophic policy limit of $65,000 had been fully exhausted and there was no catastrophic impairment designation.

Claims for interest and a special award were also dismissed.

The applicants, the spouse and children of an individual who developed psychological impairments after witnessing a fatal motor vehicle accident, sought statutory accident benefits.

The respondent insurer denied the claims on the basis that the applicants did not meet the definition of an 'insured person' under section 3(1)(a)(ii) of the Statutory Accident Benefits Schedule.

The Licence Appeal Tribunal dismissed the application, finding that the accident victim did not sustain a physical injury in the accident, which is a prerequisite for family members to claim benefits for psychological or mental injuries.

The respondent's request for costs was also denied.