The applicant sought judicial review of a Licence Appeal Tribunal decision barring him from proceeding with an appeal for catastrophic injury benefits due to his failure to attend an insurer's medical examination and provide documents.
The Divisional Court dismissed the application, finding that the applicant had an adequate alternative remedy through a statutory right of appeal under the Licence Appeal Tribunal Act.
The court held that no exceptional circumstances existed to justify bypassing the statutory appeal process in favour of judicial review.
