The appellant appealed a Licence Appeal Tribunal (LAT) decision denying his application for a catastrophic impairment designation and attendant care benefits following a motor vehicle accident.
The Divisional Court found that the LAT adjudicator's reasons were inadequate, conclusory, and failed to account for extensive expert medical evidence regarding the appellant's traumatic brain injury.
The court held that the adjudicator made factual findings without evidentiary support, particularly regarding the appellant's volunteer activities.
The appeal was granted, the LAT decision was quashed, and the matter was remitted for a fresh hearing before a different adjudicator.
