The applicant sought judicial review of a decision regarding the retrospective application of an amendment to the Statutory Accident Benefits Schedule capping attendant care benefits.
During the hearing, it was revealed that the applicant's mother's income exceeded the maximum benefit amount, meaning the applicant would continue to receive the maximum benefit regardless of the amendment.
It was also revealed that another insurer, not the respondent fund, was liable to pay the benefits.
The Divisional Court dismissed the application as moot, finding that the outcome would have no practical effect on the rights of the parties and that the case lacked the necessary factual foundation to decide the important issues raised.
