Zainab Bukhari

The applicant sought statutory accident benefits following a 2022 motor vehicle accident, claiming catastrophic impairment under Criterion 8, income replacement benefits, attendant care benefits, and various treatment plans.

The Licence Appeal Tribunal dismissed the majority of the claims, finding the applicant's self-reports of pre-accident functioning were inaccurate, as he was receiving long-term disability and Canada Pension Plan disability benefits prior to the accident.

Surveillance evidence and testimony contradicted the applicant's claims of severe social and functional isolation.

The Tribunal found the applicant did not sustain a catastrophic impairment, was not entitled to an IRB, and was only entitled to a minor portion of one treatment plan due to a late denial by the insurer.

The applicant sought statutory accident benefits following a 2015 motor vehicle accident, claiming she sustained a catastrophic impairment (CAT) under Criteria 7 and 8.

The Licence Appeal Tribunal found the applicant did not meet her burden of proof.

Under Criterion 7, the applicant's own assessors provided conflicting mental and behavioural impairment ratings (40% vs. 34% WPI), and even combining the lower rating with her physical impairment rating did not meet the 55% threshold.

Under Criterion 8, the Tribunal rejected findings of 'at times' Marked impairment as ambiguous and noted unexplained inconsistencies between the applicant's assessors regarding her level of impairment over time.

The applicant's claims for various treatment plans, an award, and interest were also dismissed as she failed to provide submissions or evidence supporting the plans.