Claimant's WAD Injury Found Non-Minor by Civil Resolution Tribunal
⚖️ Legal holding
An injury is not minor if it results in a substantial inability to perform essential tasks of employment or daily living, and is ongoing since the accident.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The applicant's injuries resulted in a substantial inability to perform activities of daily living.
- The applicant's impairments were unlikely to improve.
- The applicant's impairments have been ongoing since the accident.
- The applicant's ongoing impairments were caused by the accident.
- The neurosurgeon's report was helpful and relied upon by the tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about whether the claimant's injuries were minor or non-minor under the Insurance (Vehicle) Act.
How did the court decide, and why?
The court decided that the claimant's injuries were non-minor because they resulted in a substantial inability to perform daily living activities and were ongoing since the accident.
Which laws or rules were applied?
The Insurance (Vehicle) Act, s. 101 and the Minor Injury Regulation, s. 3 were applied.
What was the argument that mattered most?
The argument that mattered most was that the claimant's injuries resulted in a substantial inability to perform daily living activities and were ongoing since the accident.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, proving that their injuries result in a substantial inability to perform daily living activities and are ongoing since the accident may help them establish that their injuries are non-minor.
What evidence or documents mattered?
The evidence and documents that mattered included the claimant's medical records and reports from healthcare professionals.