The appellant appealed a decision of the Licence Appeal Tribunal which denied his application for a catastrophic impairment designation and attendant care benefits following a motor vehicle accident.
The Ontario Divisional Court found that the tribunal's reasons were legally inadequate, largely conclusory, and lacked evidentiary support for key factual findings.
Specifically, the tribunal failed to analyze extensive expert medical evidence and improperly relied on the appellant's own unreliable self-reports of volunteer activities to conclude he had high executive functioning.
Consequently, the court allowed the appeal, set aside the tribunal's decision, and remitted the matter for a fresh hearing before a different adjudicator.
