It was recently announced that the Ontario License
Appeal Tribunal's (LAT) first ruling on a disputed catastrophic
impairment claim involving a motor vehicle accident will be
reheard.
The Court of Appeal for Ontario recently released a decision,
Mary Shuttleworth v Licence Appeal Tribunal, 2018 ONSC
3790, upholding last year's Divisional Court ruling that
interference in an adjudicator's decision writing by a superior
creates a reasonable apprehension of bias.
This case involves Mary Shuttleworth, an Ontario woman who was
severely injured in a major motor vehicle collision in 2012. A dispute
arose between Ms. Shuttleworth and her accident benefits insurer,
Peel Mutual, regarding the insurer's refusal to categorize Ms.
Shuttleworth's injuries as catastrophic, entitling her access
to $1 million in attendant care and medical/rehabilitation
benefits.
