Claimant fails all psychological validity tests as tribunal upholds MIG for Definity.
A claimant who failed every psychological validity test has been kept within Ontario's Minor Injury Guideline cap.
In a decision released April 22, 2026, Licence Appeal Tribunal Adjudicator Steve Gilchrist dismissed all claims brought by Khalid Bajwa against Definity Insurance Company following a January 13, 2022 motor vehicle accident. Bajwa had sought more than $12,500 in physiotherapy and psychological treatment plans beyond the $3,500 Minor Injury Guideline limit - and the Tribunal said no on every count.
The case, Bajwa v. Definity Insurance Company, 2026 ONLAT 24-007277/AABS, turned on whether Bajwa's injuries qualified as more than "minor" under the Statutory Accident Benefits Schedule. He argued two grounds for removal from the MIG: chronic pain and psychological injury. Neither held up.
On chronic pain, the evidence worked against Bajwa early. Clinical records from his family physicians at Northpoint Family Medicine showed back pain complaints in November 2019 and December 2020 - well before the accident. His family physician attributed the pain to "the physical and repetitive nature of his work" as a press operator. Then, six days before the collision, on January 7, 2022, Bajwa visited his doctor again for right mid-back pain persisting two to three weeks.
Post-accident imaging told a similar story. A thoracic MRI in April 2023 found mild degenerative disc disease with no disc herniation. A lumbar MRI in June 2023 showed mild degenerative changes with no evidence of post-traumatic injury.
The insurer's examiner, Dr. James Kenneth Stewart, assessed Bajwa in September 2022 and May 2025 and found no functional impairments. He concluded Bajwa had fully recovered from accident-related soft tissue injuries and that ongoing back pain was occupational. The Tribunal preferred Stewart's findings over those of Dr. Grigory Karmy, who diagnosed nine accident-related conditions including chronic pain syndrome but whose assessment relied primarily on the applicant's own account.
The psychological injury claim fared no better. Family doctor records contained just three references to psychological concerns across nearly three years, with a 22-month gap between complaints. Bajwa was twice prescribed the antidepressant Cipralex but admitted he had not filled the prescription.
Three psychologists assessed Bajwa with starkly different results. Dr. Toneatto diagnosed somatic symptom disorder and adjustment disorder in June 2023 but cautioned his conclusions depended on the applicant's presumed truthfulness. Dr. Alfonso Marino's February 2024 examination delivered the most striking finding - Bajwa failed validity testing on all three clinical tests. Results on the Personality Assessment Inventory and the Structured Inventory of Malingered Symptomatology suggested "significant negative impression management." Marino concluded the issues were so extensive he could not formulate a diagnosis "with any degree of confidence."
The most recent examiner, Dr. Sharleen McDowall, reviewed the broadest set of medical records of any assessor. Bajwa told her his mental health was "better than before" and that earlier symptoms had "largely resolved." She concluded he did not meet criteria for an accident-related DSM-5 diagnosis.
With both grounds rejected, the Tribunal declined to assess the disputed treatment plans. Bajwa's penalty award claim was denied - he led no evidence to support it - and no interest was ordered.
For claims teams, the takeaway is practical: thorough insurer's examinations with built-in validity measures carry real weight at the Tribunal, especially when self-reported symptoms clash with clinical records.
