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.

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...

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...

January 23, 2025

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Miceli v. TD General Insurance Co. (2025 ONSC 496)

The claimant appealed the Tribunal's decision that she was not involved in an "accident". The claimant was injured in the back seat of her car when coffee was spilled on her due to the lid of a coffee cup coming off. The Court allowed the appeal, holding that the incident was an "accident" under the...

January 13, 2025

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Dooman v. TD Insurance Co. (2025 ONSC 184)

The claimant appealed the Tribunal's decision that his injuries fell within the MIG and that he was not entitled to disputed medical benefits. The Court dismissed the appeal. The Court held that the Tribunal properly approached the competing medical and expert evidence. The Tribunal was entitled to reject the opinion of the claimant's expert notwithstanding...

December 20, 2024

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Plante v. Economical Insurance Company (2024 ONSC 7171)

The claimant appealed the Tribunal's decision that she was not entitled to ACBs, home modifications, and other various medical benefits. The claimant's appeal was based on the procedures used by the LAT in this case. At the Case Conference, the adjudicator ordered that a joint 20 day hearing would take place, and that both the...

December 13, 2024

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Noble v. Economical Insurance Company (2024 ONSC 6985)

The claimant appealed the Tribunal's decision that she was not entitled to dispute benefits because she did not attend a psychiatric IE. Prior to this appeal, the claimant attended the IE and commenced a new LAT application. Nevertheless, the claimant continued with the appeal arguing that the LAT erred in barring the dispute, and in...

November 29, 2024

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Hall v. Unifund Assurance Company (2024 ONSC 6677)

The claimant appealed the Tribunal's decision that he did not suffer a catastrophic impairment as a result of the accident. The Court dismissed the appeal, holding that the claimant's appeal was essentially a re-argument of the evidence. The Tribunal was entitled to weigh the evidence as it saw fit, and the adjudicator provided full and...

November 14, 2024

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McDonald v. Aviva Insurance Company (2024 ONSC 6030)

The claimant appealed the Tribunal's decision that he was not entitled to a special award in relation to housing benefits following the insurer's concession just prior to the hearing. The claimant had sustained a catastrophic impairment and required 24-hour care. He sought accessible housing, which was denied by the insurer. He then sought a rental,...

November 12, 2024

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The Personal Insurance Company v. Tagoe (2024 ONSC 894)

The insurer appealed the Divisional Court's decision that discoverability applied to the claimant's IRB claim and that the limitation period did not bar the claim. The claimant was injured in an April 2016 accident. He applied for accident benefits in May 2016, but indicated that he had returned to work due to financial reasons. The...

November 12, 2024

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Vivekanantham v. Certas Direct Insurance Company (2024 ONSC 6198)

The claimant appealed and sought judicial review of the Tribunal's decision that she did not sustain a catastrophic impairment and that she was not entitled to a special award. At the Tribunal hearing, the insurer's psychiatric assessor refused to attend to give evidence despite a summons, but the adjudicator still allowed the IE report to...

November 4, 2024

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Cabral v. Northbridge General Insurance (2024 ONSC 6057)

The claimant appealed and sought judicial review of the Tribunal's decision that he did not suffer a catastrophic impairment as a result of a 2002 accident. The Tribunal concluded that the claimant's impairments did not meet the necessary psychological injuries, and that a subsequent 2006 accident was a primary factor for the reported impairments. The...

November 1, 2024

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Pourkhodaya v. The Personal Insurance Company (2024 ONSC 6019)

The claimant appealed and sought judicial review of the Tribunal's decision that she was not involved in an "accident" as defined in the SABS. The claimant suffered an aneurysm in 2020 incident in which she was in a vehicle that was being pursued and harassed by a group of motorcyclists. There was no collision or...

October 28, 2024

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Kumar v. Aviva General Insurance Company (2024 ONSC 5882)

The claimant appealed the Tribunal's decision that he was not entitled to post-104 week IRBs, and the Tribunal's decision refusing to extend the time for reconsideration. The Court dismissed the appeal and the judicial review, holding that the Tribunal did not make any reviewable errors. The adjudicator was entitled to control the process with respect...

October 22, 2024

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Kaloczi v. Wawanesa Mutual Insurance Company (2024 ONSC 5665)

The claimant appealed the Tribunal's decision that she did not suffer a catastrophic impairment. She argued that the Tribunal erred in applying the "but for" causation test, and failing to properly weigh other issues that led to psychological impairment. The Court dismissed the appeal, holding that there was no basis to reversed the Tribunal. The...

October 8, 2024

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Achaia-Shiwram v. Intact Insurance Company (2024 ONSC 5479)

The claimant appealed the Tribunal's decision that she did not suffer a catastrophic impairment and that she was not entitled to IRBs. She argued that the Tribunal erred in its causation analysis, in considering pre-existing conditions, and in attributing impairments to a subsequent event. The Court dismissed the appeal. The Court held that the Tribunal...

October 2, 2024

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Luluquisin v. Aviva Insurance Co. of Canada (2024 ONSC 5369)

The claimant appealed the Tribunal's dismissal of his claim for attendant care benefits. He argued that the Tribunal failed to consider all the evidence and gave insufficient reasons. The Court agreed that the Tribunal failed to provide sufficient reasons. The claimant had a catastrophic impairment, and the Tribunal summarily dismissed the claim for ACBs without...

September 25, 2024

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Said v. Northbridge General Insurance Company (2024 ONSC 5248)

The claimant appealed the Tribunal's dismissal of her claims based on res judicata. The Court dismissed the appeal, holding that the claimant's remedy if she disagreed with the first decision was to seek reconsideration or appeal of that decision. The Tribunal's second decision based on res judicata was correct in law, and did not result...

September 19, 2024

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Fernandez v. Commonwell Mutual Insurance (2024 ONSC 5180)

The claimant appealed the Tribunal's refusal to grant an adjournment of her hearing for a catastrophic impairment, and ultimately finding that she did not suffer a catastrophic impairment. The Court held that the Tribunal's refusal to grant an adjournment breached fairness concerns, and ordered a new hearing. The Court explained that the claimant had limited...

September 10, 2024

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Ho v. Allstate Insurance (2014 ONSC 6317)

The claimant appealed the Tribunal's decision that his settlement was valid. The claimant argued that the version of the Settlement Disclosure Notice he signed in 2004 was invalid. The Court upheld that Tribunal's decision that the settlement was valid, as the discrepancy regarding the two business day cooling off period did not affect the validity...

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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