LAT Case Law Summaries

Thomas Gold Pettingill LLP is pleased to provide this online resource to our clients. Below is a searchable database of the publicly released decisions from the Licence Appeal Tribunal. Assembled by the accident benefits group, the decisions are reviewed, briefly summarized, and categorized for easy access.

As of March 2020, we will not include any further decisions focused solely on the Minor Injury Guideline or treatment plans, unless the case may have broader applicability.

July 20, 2026

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Sparks v. Primmum Insurance Company (2026 ONSC 3803)

The claimant appealed the Tribunal's decision that her dispute over a partially approved treatment plan was brought after the expiry of the limitation period. The claimant argued that the denial did not comply with the SABS because it did not explain all appeal rights following a LAT decision, nor did it explain the principles of...

June 30, 2026

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Zabarain v. Coseco Insurance Company (2026 ONSC 3712)

The claimant appealed the Tribunal's decision that he was not entitled to IRBs, that he was required to repay an overpayment of IRBs, and that the insurer did not wrongfully pay a hospital account. The Tribunal found that the claimant had returned to work as a lawyer and did not meet the post-104 week IRB...

May 25, 2026

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Chevalier-Wara v. Economical (2026 ONSC 2982)

The claimant appealed the Tribunal's decision that he did not suffer a catastrophic impairment based on the GOS-E test, and that he was not entitled to attendant care benefits. The claimant argued that the Tribunal's reasons were inadequate. The Court agreed, concluding that the reasons were largely conclusory, rested on factual findings that there was...

May 5, 2026

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Atkinson v. Economical (2026 ONSC 2605)

The claimant appealed the Tribunal's decision that she was not entitled to certain benefits. Her primary argument was that she was denied procedural fairness when the Tribunal refused to require the insurer to present its IE assessor for cross-examination. The Tribunal upheld its original decision on reconsideration. After the claimant commenced this appeal, the Tribunal...

April 15, 2026

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[ AJ ] v. Intact Insurance Company (25-008850)

The claimant was involved in an accident in November 2019 and sought benefits pursuant to the SABS. The claimant was 11 years old at the time of the accident. The insurer raised a preliminary issue to bar the claimant from proceeding to a hearing because the claimant failed to dispute their denial within the 2-year...

April 13, 2026

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Jones-Whyte v. Intact Insurance Company (2026 ONSC 1927)

The claimant appealed the Tribunal's decision that she did not suffer a catastrophic impairment due to three Class 4 marked impairments. The claimant argued that the Tribunal acted unfairly in limiting the time for examination and cross-examination of witnesses, and by allowing the insurer's expert to comment on the claimant's expert's report but not vice...

April 9, 2026

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Gupan v Definity Insurance Company (24-013880)

The claimant was involved in an automobile accident in September 2023 and sought benefits pursuant to the SABS in January 2024. He was driving for Uber with passengers in the vehicle at the time of the accident. The insurer raised a s. 32 preliminary issue to bar the application because the claimant failed to notify...

April 7, 2026

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Fernando v. Aviva Insurance Company of Canada (24-007755)

The claimant was involved in an automobile accident in 2015 and was deemed catastrophically impaired in 2024. At the LAT hearing, the insurer submitted that the claimant had violated the CCRO by submitting nine pages of separate submissions on the award when the CCRO limited total submissions to ten pages. The insurer maintained that it...

April 2, 2026

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Hamad v. Security National Insurance Company (2026 ONSC 1983)

The claimant appealed the Tribunal's decision that she was not an insured person, and therefore not entitled to accident benefits. The claimant's son was involved in an accident. The claimant sought benefits under a policy issued to her brother. To prove entitlement, the claimant needed to show that she was dependent on the brother. The...

April 2, 2026

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Grant v TD General Insurance Company (24-009368)

The claimant was involved in an automobile accident in July 2021 and sought benefits pursuant to the SABS. The claimant submitted an OCF-18 proposing various s. 25 CAT assessments. The plan also sought funding for interviews with treatment providers and individuals who had knowledge of the claimant pre and post accident ($1,000.00), WPI psychological ratings...

March 31, 2026

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Muddapati v. Primmum Insurance Company (2026 ONSC 1878)

The claimant appealed the Tribunal's decision that her MIG dispute was res judicata because she had already made an earlier LAT application disputing the MIG and medical benefits that was dismissed. The Court dismissed the appeal, holding that the Tribunal acted reasonably in concluding that res judicata barred the claimant's application. The information relied upon...

March 31, 2026

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Coban v. Allstate Insurance Company (2026 ONSC 1925)

The claimant appealed the Tribunal's decision that he was not entitled to IRBs because he was receiving WSIB at the time of the accident rather than income from an employer. The Court allowed the appeal, holding that the claimant was an employed person at the time of the accident, even though he was not receiving...

March 31, 2026

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Abu-Ain v. Security National Insurance Company (2026 ONSC 1494)

The claimant appealed the Tribunal's decision that he was not an insured person under the Security National policy and was therefore not entitled to accident benefits. The claimant suffered a catastrophic impairment when he was injured in an uninsured vehicle. He applied to Security National for accident benefits under a policy issued to his aunt...

March 26, 2026

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Morrissey v Geico Insurance Company (25-006173)

This is a preliminary issue decision addressing two main issues: 1) Is the applicant an "insured person" as defined in s. 3(1) of the SABS, and 2) Does the LAT have jurisdiction under s. 280 of the Insurance Act in this matter? The claimant, an Ontario resident, was a pedestrian involved in a serious pedestrian-motor...

March 25, 2026

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Rochon v Intact Insurance Company (24-009951)

The claimant was involved in an automobile accident in September 2020. She applied to the LAT seeking entitlement to post-104 IRBs. At the time of the accident, the claimant had been employed as a janitor/custodian for 7 years. Prior to that, she worked as a kitchen helper in a restaurant for 14 years. She had...

March 24, 2026

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Goovaerts (Litigation Guardian) v. Motor Vehicle Accident Claims Fund (2026 ONSC 1687)

The claimant was injured in a June 1999 accident. He applied to the Fund and received attendant care benefits for over one year, including supervisory 24-hour care. The Fund stopped payment of attendant care benefits without assessing the claimant in November 2000. The Fund acknowledged the error in over a decade later, and agreed to...

March 16, 2026

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Sorrentino v. Certas Home and Auto Insurance Company (2025 ONSC 1578)

The claimant appealed the Tribunal's denial of home modifications. The primary basis for the denial was that the modifications proposed were to the claimant's daughter's home, rather than the condo that the claimant lived in at the time of the accident. The Court allowed the appeal and ordered the insurer to fund the home modifications....

March 16, 2026

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[ DD ] v Primmum Insurance Company (24-010675)

The claimant sought SABS death benefits following a March 2022 accident that resulted in the death of his 21-year-old brother. The key issue at the LAT hearing was whether the claimant was considered a dependant of his brother at the time of the accident, pursuant to s. 3(7)(b) of the SABS. The claimant submitted that...

March 13, 2026

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Mohammed v. TTC Insurance Company Limited (2026 ONSC 1477)

The claimant was injured on a TTC bus when the bus stopped suddenly. The LAT concluded she was not entitled to accident benefits due to section 268(1.1) of the Insurance Act, which bars a claim on public transit if there is no collision. The claimant appealed the decision. The Court dismissed the appeal, holding that...

March 12, 2026

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Intact Insurance Company v. Carpenter (2026 ONSC 1443)

The claimant was injured when he was struck by a Caterpillar Small Wheel Loader being driven on a municipal road to clear snow. The insurer denied entitlement to accident benefits on the basis that the equipment was not an automobile. The Tribunal concluded that the equipment was an automobile, but came to the conclusion on...

March 11, 2026

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Dorcil v. Wawanesa Insurance (2026 ONSC 1446)

The claimant appealed the Tribunal's decision that she did not suffer a catastrophic impairment. The Tribunal found a 51 percent WPI. The claimant argued that the Tribunal's refusal to rate her sleep impairment was unreasonable. The Court dismissed the appeal, concluding that the Tribunal did not err by not rating the sleep impairment. The Tribunal...

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Contact Us

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Toronto, Ontario M5H 3S5

416.507.1850

eodonnell@tgplawyers.com

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150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1850

eodonnell@tgplawyers.com