Application for accident benefits dismissed due to pre-existing conditions; applicant ordered to pay expert witness fees.
The applicant sought statutory accident benefits following a motor vehicle accident, including attendant care, physiotherapy, psychological services, occupational therapy, and medication costs.
The Licence Appeal Tribunal dismissed the application, finding that the applicant's chronic pain and major depressive disorders were pre-existing conditions and not caused by the accident.
The Tribunal rejected the applicant's psychiatric expert evidence because it relied on unreliable self-reporting that contradicted pre-accident medical records showing ongoing opioid and antidepressant use.
In a post-hearing motion, the Tribunal ordered the applicant to pay expert witness fees under Tariff A of the Rules of Civil Procedure to three insurer examination assessors whom the applicant had summoned to testify.
OLATOntario Licence Appeal TribunalJun 14, 2023