The appellant appealed a Licence Appeal Tribunal (LAT) decision and a reconsideration decision that denied his claim for ongoing income replacement benefits following a motor vehicle accident.
The appellant argued the LAT erred in law by admitting the insurer's expert reports without the required expert forms, misinterpreting the Statutory Accident Benefits Schedule (SABS), and denying procedural fairness.
The Divisional Court dismissed the appeal, finding the adjudicator properly exercised her discretion to admit the reports and weigh the evidence, correctly applied the SABS disability tests, and afforded the appellant procedural fairness.
