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Kaloczi v. Wawanesa Mutual Insurance Company (2024 ONSC 5665)

  • October 22, 2024

The claimant appealed the Tribunal’s decision that she did not suffer a catastrophic impairment. She argued that the Tribunal erred in applying the “but for” causation test, and failing to properly weigh other issues that led to psychological impairment. The Court dismissed the appeal, holding that there was no basis to reversed the Tribunal. The adjudicator carefully considered the evidence relating to psychological impairment and concluded that the claimant failed to prove that she had sufficiently reduced impairment in three spheres of function. Further, the adjudicator’s conclusion that the accident was not a necessary cause of the claimant’s condition was fact driven, and was based on the evidence before the Tribunal.

Full decision here

TGP Analysis

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  • FILED UNDER Catastrophic Impairment, Divisional Court
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