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Motion for leave to appeal dismissed with costs.
The defendants brought a motion for leave to appeal the order of Baltman J. dated November 29, 2019.
The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the amount of $5,222.67.
Applicant found catastrophically impaired due to marked psychiatric impairment caused by motor vehicle accident.
The applicant was injured in a motor vehicle accident and sought a determination that she sustained a catastrophic impairment due to a mental or behavioural disorder.
The insurer argued that the applicant was not credible, that causation was not established due to pre-existing issues and subsequent accidents, and that her impairment was only mild to moderate.
The arbitrator found the applicant credible despite memory lapses, and concluded that the accident caused her major depressive disorder with psychotic features and posttraumatic stress disorder.
Preferring the evidence of the applicant's psychiatric assessor, the arbitrator held that the applicant sustained a marked (Class 4) impairment and was therefore catastrophically impaired.
