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.
