The appellant sought to appeal and judicially review two decisions of the Licence Appeal Tribunal (LAT) regarding her application for statutory accident benefits following a motor vehicle accident.
The LAT had stayed her application and subsequently dismissed it because she refused to attend a reasonably necessary section 44 psychiatric insurer examination.
The Divisional Court heard the judicial review and appeal concurrently.
The court found the LAT's decisions were reasonable, as the insurer had made efforts to accommodate the appellant's requests for a virtual assessment with a female clinician, but the appellant still refused to attend.
Finding no error of law or breach of procedural fairness, the court dismissed both the appeal and the application for judicial review.
