Kristy Kerwin

The appellant appealed a Licence Appeal Tribunal decision that found she was not catastrophically impaired following a motor vehicle accident.

The Divisional Court allowed the appeal, finding the Tribunal breached procedural fairness in three ways: relying on the untested evidence of the respondent's expert who did not re-attend for cross-examination, deciding the issue of causation without notice when it was not in dispute, and relying on documents not in evidence that the appellant had no opportunity to address.

The matter was remitted to the Tribunal for a new hearing.

The appellant appealed a Licence Appeal Tribunal decision finding he had not suffered a catastrophic impairment following a motor vehicle accident.

The appellant argued the adjudicator erred in her treatment of expert evidence, violated procedural fairness by questioning an expert, misapplied the temporal requirements for assessments under the Statutory Accident Benefits Schedule, and used an overly restrictive causation test.

The Divisional Court dismissed the appeal, finding no errors of law, as the adjudicator properly applied a flexible approach to the timing of assessments and correctly considered impairments caused by the traumatic brain injury.