The appellant appealed a Licence Appeal Tribunal (LAT) decision denying her ongoing income replacement and psychological benefits following a motor vehicle accident.
She argued she was denied procedural fairness because the insurer's psychological expert did not produce raw test data until mid-hearing, and that the LAT erred in finding the insurer made 'best efforts' to produce the file.
The Divisional Court dismissed the appeal, finding no denial of procedural fairness as the appellant had sufficient time to review the data during a five-week adjournment and cross-examine the expert.
The Court also found the LAT applied the correct legal test for 'best efforts'.
