Catastrophic impairment claim dismissed due to lack of causation and significant credibility issues.
The applicant sought a determination that he sustained a catastrophic impairment due to a mental and behavioural disorder following a 2016 motor vehicle accident.
The Tribunal found the applicant was not credible, noting significant inconsistencies between his testimony, pre-accident medical records, and surveillance video showing him performing activities he claimed he could not do.
The Tribunal concluded the applicant failed to prove on a balance of probabilities that his psychological impairments and functional limitations were caused by the accident, as he had significant pre-existing conditions and was completely disabled prior to the accident.
The application was dismissed, and the respondent's request for costs was denied.
OLATOntario Licence Appeal TribunalFeb 27, 2023
