Shivani Mehta

The appellant appealed and sought judicial review of a Licence Appeal Tribunal (LAT) decision finding she failed to establish catastrophic impairment under Criterion 8 of the Statutory Accident Benefits Schedule.

The appellant argued the LAT adjudicator breached procedural fairness by imposing strict time limits on witness examinations, making unequal evidentiary rulings regarding expert psychiatric testimony, and admitting a late surveillance report.

The Divisional Court dismissed the appeal, holding that the adjudicator's procedural choices were within her discretion to control the tribunal's process and did not result in unfairness.

The court also found no error of law in the LAT's application of the test for catastrophic impairment.

The applicant sought judicial review of a Licence Appeal Tribunal decision finding she was not catastrophically impaired under Criterion 7 of the Statutory Accident Benefits Schedule.

The Tribunal had concluded her whole person impairment rating was 49%, falling short of the 55% threshold.

The Divisional Court dismissed the application, finding the Tribunal's assessment of a 0% impairment for the spine and its correction of the upper extremity impairment calculation on reconsideration were reasonable and within its statutory authority to apply the AMA Guides.