The appellant was catastrophically injured in a motor vehicle accident and sought attendant care benefits and a special award from his insurer.
At first instance, the Licence Appeal Tribunal awarded attendant care benefits up to $6,000 per month and a special award.
On reconsideration, the LAT varied the decision, finding the initial adjudicator erred by not applying the mandatory maximum hourly rates for attendant care and by misapplying the test for a special award.
The appellant appealed to the Divisional Court.
The court dismissed the appeal, holding that the reconsideration adjudicator made no errors of law in applying the statutory hourly rate caps or in setting aside the special award based on the established legal test.
