Dr. Seigel

The appellant sought an appeal and judicial review of a Licence Appeal Tribunal decision denying him income replacement benefits under the 'any occupation' test and denying an extension of time to request reconsideration.

The Divisional Court found no errors of law or procedural unfairness in the adjudicator's handling of expert evidence, cross-examination, or factual findings.

The court held the adjudicator's decision was reasonable and dismissed the appeal and judicial review application.

The applicant requested a reconsideration of a Licence Appeal Tribunal decision that denied his claims for an income replacement benefit, attendant care, and medical benefits following a motor vehicle accident.

The applicant alleged the Tribunal violated procedural fairness, made errors of law and fact, heard false evidence, and sought to introduce new evidence.

The adjudicator dismissed the reconsideration request, finding no breach of procedural fairness in the Tribunal's procedural rulings or hearing management.

While acknowledging minor factual errors in the original decision, the adjudicator concluded they were inconsequential and would not have changed the outcome regarding causation of the applicant's physical and psychological impairments.