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.

October 3, 2025

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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,...

May 2, 2025

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Rooney v. Allstate Insurance Company (2025 ONSC 2575)

The claimant appealed the Tribunal's decision that she was not permitted to rescind a 2000 settlement for two 1996 accidents. The Tribunal initially held that the claimant could not rescind the settlements because she had not paid back the settlement, as required by the Settlement Regulation. Following the claimant's repayment of the settlement, the Tribunal...

April 11, 2025

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AIG Insurance Co. v. Riddell (2025 ONSC 1979)

The claimant and the insurer appealed the Tribunal's refusal to grant an adjournment of a hearing addressing a catastrophic impairment status. The Tribunal refused to allow the adjournment despite both parties requesting the adjournment due to their unavailability. The Court acknowledged that it rarely reviewed interlocutory orders, but agreed to do so in the exceptional...

April 3, 2025

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Jamali v. Economical Insurance Company (2025 ONSCDC 1393)

The claimant appealed the Tribunal's decision that he did not suffer a catastrophic impairment. The claimant raised multiple procedural issues and fairness issues. The Court dismissed the appeal, holding that the reasons applied the correct legal tests and provided detailed, comprehensive reasons for the conclusions reached. The causation test used by the Tribunal was correct,...

February 18, 2025

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Baskaran v. Security National Insurance Company (2025 ONSC 1014)

The claimant appealed the Tribunal's decision that he suffered a MIG injury. The Court rejected the appeal, concluding that the claimant was essentially seeking a re-weighing of the evidence. The Court acknowledged that the Tribunal made a factual error in the medical chronology, but that the error was not sufficiently central or significant to the...

February 14, 2025

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Traders General Insurance Company v. Rumball (2025 ONSC 779)

The insurer sought judicial review of the Tribunal's decision that the claimant's IRB entitlement was barred by the limitation period. The Tribunal had found that the denial in 2015 was not clear or unequivocal because it stated that if the claimant stopped working again, she could submit a new Disability Certificate to determine eligibility. The...

February 7, 2025

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Sistermans v. CAA Insurance Co. (2025 ONSC 3809)

The claimant appealed the Tribunal's conclusion that he entered into a valid settlement upon turning 18 years old. The Court dismissed the appeal, finding that the Tribunal made no error. The Tribunal reviewed the claimant's extensive medical records and academic records, and concluded that the claimant had capacity to enter into the settlement. The Court...

January 30, 2025

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Jendrika v. Intact Insurance Company (2025 ONSC 652)

The claimant appealed the Tribunal's decision that she was not entitled to IRBs or disputed medical benefits. The Court dismissed the appeal, holding that there was no procedural unfairness in conducting a written hearing, and that the claimant's appeal was largely based on disagreement on the weight to be given to the evidence and expert...

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Toronto, Ontario M5H 3S5

416.507.1850

eodonnell@tgplawyers.com

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Contact Us

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

416.507.1850

eodonnell@tgplawyers.com