Dr. Tobi Lubinsky

The applicant sought a determination of catastrophic impairment under the Statutory Accident Benefits Schedule following a motor vehicle accident.

The central issue was whether the applicant's traumatic brain injury resulted in a Severe Disability or Lower Moderate Disability under the Extended Glasgow Outcome Scale (GOS-E).

The Tribunal found that the GOS-E assessment must be conducted by a physician or neuropsychologist, not an occupational therapist, and must isolate the effects of the brain injury from other physical or psychological injuries.

Preferring the evidence of the respondent's neuropsychologist, the Tribunal concluded the applicant sustained only a mild traumatic brain injury and did not meet the threshold for catastrophic impairment.

The application was dismissed.

The defendants brought a motion for an order compelling the plaintiff to attend an in-person vocational assessment with a non-health practitioner and to provide raw test data from previous neuropsychological assessments to the defence expert.

The plaintiff opposed the motion.

The court held that it has inherent jurisdiction to order an examination by a non-health practitioner to ensure trial fairness, and that the raw test data was relevant and necessary for the defence expert to prepare his report.

The motion was granted.