The applicant sought judicial review of a Licence Appeal Tribunal (LAT) decision and reconsideration decision which found his motor vehicle accident injuries were subject to the $3,500 Minor Injury Guideline (MIG) limit.
The applicant argued his pre-existing shoulder injury, psychological symptoms, and chronic pain warranted removal from the MIG.
The Divisional Court applied the reasonableness standard of review and found that while the adjudicator made a minor factual error regarding a physiotherapy visit, the overall conclusion was well-supported by medical evidence, including reports from the respondent's assessors.
The application for judicial review was dismissed.
