The claimant applied to the LAT disputing his CAT denial under Criterion 8. The Tribunal held that the claimant did not sustain a CAT impairment under the SABS. The claimants had an unfortunate series of prior events before the MVA including being subject to torture and having to flee to Canada. The adjudicator determined that the claimant could not satisfy the “but for test” to claim that the 2017 MVA was the primary cause of his mental and behavioural impairment. The insurer’s examination by the doctors determined that the claimant had post-traumatic stress disorder which had no relationship to the MVA. Additionally, the claimant’s inability to work and take on household chores was determined to be connected to his physical injuries from the MVA rather than his mental or behavioural impairments.
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