Jihan Shalto v. Intact Insurance Company, 2022 CanLII 117084

Case Summary

The applicant sought a determination that she suffered a catastrophic impairment due to mental and behavioural disorders following a motor vehicle accident. The Licence Appeal Tribunal applied the Pastore test and the Sabadash 'but for' causation test, finding that while the accident caused some psychological impairment, it did not result in a marked or extreme impairment in any of the four domains of functioning. The Tribunal preferred the evidence of the respondent's assessors, concluding the applicant suffered only moderate impairments. As the applicant was not catastrophically impaired, her claims for various statutory accident benefits, interest, and a special award were dismissed. The respondent's request for costs was also dismissed.