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.

March 5, 2026

/

tgp-admin

Mensah v Co-operators General Insurance Company (24-014094)

The claimant was involved in an automobile accident in February 2022. She applied to the LAT seeking CAT determination under Criterion 8 and entitlement to IRBs, ACBs, and numerous medical benefits. The claimant brought a motion to exclude the surveillance evidence because the respondent did not comply with the case conference order to disclose the...

March 5, 2026

/

tgp-admin

Bartok v Intact Insurance Company (24-003081)

In August 2023, the claimant was involved in an incident while operating a Boomer Beast 2 D Deluxe electric three-wheeled vehicle. The vehicle "spontaneously broke" and caused the claimant to fall onto the roadway and sustain injuries. The preliminary issue in dispute at the LAT was whether the claimant was involved in an "accident" as...

February 27, 2026

/

tgp-admin

Certas Home and Auto Insurance Company v. Okenge (2026 ONSC 1189)

The insurer appealed the Tribunal's decision that the claimant was an insured person due to dependency for care on his sister. The claimant was 19 years old at the time of the accident, which occurred in Nebraska. The claimant moved to Canada from Uganda when he was 14 years old and lived with his sister...

February 25, 2026

/

tgp-admin

Marcelo v. The Personal Insurance Company (2026 ONSC 974)

The claimant appealed the Tribunal's decision that her injuries fell within the "minor injury" definition. One of the injuries sustained in the accident was an intracranial brain contusion. The Tribunal held that the injury was a "minor injury" because it was a contusion. The Court allowed the appeal, holding that an intracranial brain contusion was...

January 8, 2026

/

tgp-admin

Hou v Aviva General Insurance Company (25-000946)

The claimant was involved in an automobile accident in August 2023. He applied to the LAT to dispute IRB quantum and entitlement to medical benefits and a special award. The LAT found that the IRB quantum calculated by the insurer was correct as it was based on the self-employed claimant's income in the last fiscal...

January 7, 2026

/

tgp-admin

Economical Insurance Co. v. Abou-Gabal (2026 ONSC 42)

The insurer appealed the Tribunal's decision that the claimant suffered a catastrophic impairment. The claimant was injured in a minor accident. She had pre-existing severe autism. The insurer's primary argument was the that claimant's functioning did not change after the accident, and that the claimant already suffered a catastrophic-like level of impairment. The adjudicator hearing...

December 17, 2025

/

tgp-admin

Nuroh v. TD General Insurance Co. (2025 ONSC 6997)

The claimant appealed the Tribunal's decision that she did not suffer a catastrophic impairment, arguing that the Tribunal's failure to summons the insurer's IE witness resulted in procedural unfairness. The Court agreed and ordered a new hearing. The Court wrote that the Tribunal, despite having its own Rules, must afford parties procedural fairness. The insurer's...

October 3, 2025

/

tgp-admin

Hasan v. Allstate Insurance Company (2025 ONSC 1562)

The claimant appealed the Tribunal's decision that he was bound by a settlement. He argued that the allocation of $0 to certain benefits showed that those benefits were not settled. The Court rejected the claimant's arguments and dismissed the appeal. The SDN and Release were clearly a settlement of all claims arising out of the...

September 30, 2025

/

tgp-admin

Sorrentino v. Certas Home and Auto Insurance Company (2025 ONSC 5518)

The claimant appealed the Tribunal's denial of a $365,257 home modification to the claimant's daughter's home. The Court granted the appeal with immediate effect, ordering the insurer to pay the home modifications, with written reasons to follow. The Court explained that the claimant's age made it unfair for the matter to be remitted to the...

September 23, 2025

/

tgp-admin

Traders General Insurance Company v. Rumball (2025 ONSC 656)

The claimant appealed the Divisional Court's decision that upheld the denial of post-104 IRBs. She argued that the Court and Tribunal failed to apply the proper test. In particular, the claimant argued that the Court failed to consider whether suitable employment existed in a real-world setting, and in putting the onus on her to prove...

September 18, 2025

/

tgp-admin

Wilson v. Intact Insurance Company (2025 ONSC 5305)

The claimant appealed the Tribunal's decision that she did not suffer a catastrophic impairment. The Court held that the Tribunal came to an unreasonable conclusion with respect to the WPI ratings for double vision, peripheral neuropathy, and medications. The adjudicator took a rigid view of the AMA Guides and refused to provide any WPI for...

September 17, 2025

/

tgp-admin

Gutierrez v. Security National Insurance Company (2025 ONSC 5174)

The claimant sought judicial review of the LAT's decision that he was not entitled to IRBs, and the LAT's refusal to add the claim for pain and suffering. The Divisional Court dismissed the judicial review, holding that the Tribunal considered the evidence before it when adjudicating the IRB claim, and that the Tribunal reasonably declined...

September 10, 2025

/

tgp-admin

Wais v. Coachman Insurance Company (2025 ONSC 5595)

The claimant appealed the Tribunal's decision that he was not insured under the Coachman policy due to the policy being cancelled, and that Coachman was not required to open a claim. The Court dismissed the appeal, holding that the Tribunal correctly found that the claimant was not an insured under the policy, and it was...

August 20, 2025

/

tgp-admin

Patton v. Aviva Insurance Co. of Canada (2025 ONSC 4234)

The claimant appealed the Tribunal's decision that his IRB claim was barred by the limitation period. The claimant initially made an application for IRBs, but the returned to full time work. The claimant subsequently went off work more than three years later. He argued that his IRB claim was not discoverable until he went back...

July 27, 2025

/

tgp-admin

Botbyl v. Heartland Farm Mutual Insurance Inc. (2025 ONSC 3349)

The claimants applied to Economical for accident benefits following an accident. The claimants also had insurance with Heartland that carried optional benefits. The claimants sought to re-apply for accident benefits to Heartland after realizing that the Economical policy did not carry optional benefits. Heartland refused to allow the claimants to re-apply for benefits. The Tribunal...

July 23, 2025

/

tgp-admin

Park v. GEICO Insurance Company (2025 ONSC 4282)

The claimant appealed the Tribunal's decision that he was not entitled to IRBs. The Court dismissed the appeal, holding that the claimant received a fair hearing, and that the alleged uneasonableness in factual and evidentiary findings was not proven. The record showed no unreasonableness in the Tribunal's findings or inferences drawn from the findings.

July 2, 2025

/

tgp-admin

Hussein v. Intact Insurance Company (2025 ONSC 842)

The claimant appealed the Tribunal's decision that he had not given adequate notice to the insurer of his intention to claim benefits. The claimant had been involved in an accident in February 2019, and reported the accident and physical damage to the vehicle one day later. The insurer did not advise the claimant of his...

June 19, 2025

/

tgp-admin

Abboud v. Intact Insurance Co. (2025 ONSC 3416)

The applicant requested reconsideration of the Tribunal’s decision. The hearing adjudicator dismissed the request (2024 CanLII 102098). The adjudicator did not agree that s. 280(1) of the Insurance Act could be interpreted as providing jurisdiction to determine the rate to be paid for attendant care. The adjudicator also did not agree that it was an...

June 9, 2025

/

tgp-admin

Hamad v. Cooperators General Insurance Company (2025 ONSC 3318)

The claimant appealed the Tribunal's decision dismissing his claim for attendant care benefits on the grounds that his family members did not sustain an economic loss. The claimant argued that the Tribunal acted unfairly in requiring him to prove an economic loss, particularly given that he could not afford to hire a support worker. The...

June 5, 2025

/

tgp-admin

Derenzis v. Gore Mutual Insurance Co. (2025 ONSC 2732)

The claimant appealed the Tribunal's decision that she was not entitled to IRBs due to IE non-attendance. The Court dismissed the appeal, concluding that the Tribunal did not make an error. The Court found that the IE notices were adequate, and that the Tribunal was entitled to consider the cumulative effect of the prior IE...

June 3, 2025

/

tgp-admin

Martin v. Certas Home and Auto Insurance Co. (2025 ONSC 665)

The claimant appealed the Tribunal's decision that she did not sustain a catastrophic impairment. Her primary argument was that the LAT erred in rejecting the evidence of her chiropractor in the ratings for Criterion 6, 7, and 8. The Tribunal rejected the chiropractor's evidence insofar as the chiropractor gave opinion and diagnosis of psychological injury,...

Contact Us

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

416.507.1850

eodonnell@tgplawyers.com

Contact Us

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

416.507.1850

eodonnell@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP Disclaimer | Privacy Policy | Statement of Principles

Powered by Crow & Pitcher

Contact Us

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

416.507.1850

eodonnell@tgplawyers.com