The appellant was struck by a car and suffered significant physical injuries that led to chronic pain and mental disorders.
She applied for enhanced statutory accident benefits, claiming a catastrophic impairment under s. 2(1.1)(g) of the SABS.
A designated assessment centre and an arbitrator found she met the criteria because she had a marked impairment in one category of daily living, and they included physical pain in their assessment of her mental disorder.
The director's delegate upheld this decision.
The Divisional Court overturned the delegate's decision on judicial review.
The Court of Appeal allowed the appeal, holding that the Divisional Court erred by applying a correctness standard of review.
Applying the reasonableness standard, the Court of Appeal found the delegate's interpretation of s. 2(1.1)(g)—that a single marked impairment is sufficient and that physical pain can be considered cumulatively with a mental disorder—was reasonable.
