In this vlog, I discuss the criteria that you must satisfy, in order to obtain a catastrophic impairment designation for a mental and behavioural disorder you sustained as a result of a motor vehicle accident, in Ontario.

Since it’s easier to understand legal criteria when it’s being applied to the facts of a case, I’ll discuss a recent Licence Appeal Tribunal decision. I’ll also discuss some strategic approaches you can take to building this kind of a case, as well as the key takeaways from this LAT decision.

The name of the case is Simmons v. BelairDirect Insurance Company 2023 ONLAT (Licence Appeal Tribunal File Number: 22-002051/AABS).  This case focuses on the catastrophic criteria regarding Mental and Behavioural Disorders, which is set out in s. 3.1(1)8 of the SABS.