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 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...

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 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 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...

March 5, 2026

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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

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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

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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

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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

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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

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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

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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

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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...

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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