The appellant infant, through her litigation guardian, appealed a Licence Appeal Tribunal decision denying her attendant care benefits under the Statutory Accident Benefits Schedule.
The appellant claimed that a motor vehicle accident caused her premature birth, which in turn caused her to suffer from gastroesophageal reflux disease requiring attendant care.
The Divisional Court dismissed the appeal, finding that the Adjudicator's factual determination that the infant did not require attendant care beyond normal parental duties was supported by the evidence and determinative of the claim, rendering the legal issues regarding causation moot.
