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.
The claimant appealed the Tribunal's decision that he was entitled to only $2,600 in IRBs, and that he was not entitled to a special award. His grounds of appeal were based on allegations of unfairness. First, he argued that the Tribunal's reconsideration process was procedurally unfair because it permitted the adjudicator hearing the matter at...
The claimant appealed the LAT's decision that she was not entitled to IRBs. She argued that she was denied procedural fairness by the Tribunal due to late production of raw testing data from an IE psychologist. She also argued that the insurer did not make best efforts to obtain the IE assessor's records. The Court...
The claimant appealed the Divisional Court's dismissal of her judicial review application, in which the Divisional Court held that judicial review of a LAT decision should only be granted in exceptional circumstances. The Court of Appeal upheld the decision dismissing the judicial review, but modified the grounds on which judicial review could be sought. The...
The claimant appealed the Tribunal's decision dismissing his application due to repeated non-attendance at IEs. The Court dismissed the appeal, holding that the LAT had the legal authority to dismiss the application. The claimant's failure to cooperate in obtaining IEs interfered with the insurer's ability to participate in the process before the Tribunal, and caused...
The insurer appealed the Tribunal's decision that the claimant suffered a catastrophic impairment, and that he was entitled to NEBs. The Court dismissed the appeal, holding that both appeals were on matters of mixed fact and law and that there were no extricable legal error that had been demonstrated. The findings regarding each WPI allocation...
The insurer appealed the LAT's decision which found that it was not permitted to deduct an LTD litigation settlement from the claimant's ongoing IRBs. The Divisional Court rejected the appeal. The Court noted that the Tribunal made a finding of fact that the LTD settlement did not provide appropriate details to allow the insurer to...
The claimant appealed a production order made by the Tribunal for him to produce personal and corporate income tax records from his housekeeping provider. The Divisional Court granted the appeal and set aside the order. The Court explained that even though the production order was interlocutory, the order was "fatally flawed" and had to be...
The insurer appealed the Tribunal's decision that the claimant was entitled to IRBs during a period of section 33 non-compliance. The Tribunal found that the claimant's explanation for the delay in providing records was reasonable because she thought the insurer had access to her medical records by way of signed authorization, and that she was...
The claimant appealed the Tribunal's decision that she was barred from disputing NEBs due to the limitation period. She missed the limitation period by five days. The Court allowed the appeal, and ordered the Tribunal to rehear the preliminary limitation defence with a new adjudicator. The Court held that the Tribunal erred in three ways....
The claimant appealed the Tribunal's decision that he was not entitled to certain medical benefits because services were incurred prior to submission of a treatment plan, and that he could not add new claims for NEBs and a special award in his written submissions. The Divisional Court dismissed the appeal in its entirety. First, the...
The insurer appealed the Tribunal's preliminary order excluding surveillance at an upcoming hearing. Justice Corbett dismissed the appeal, holding that it was premature and an abuse of process. If the insurer is ultimately unsuccessful at the hearing and if it decides to appeal, it will be open to the insurer to raise the issue of...
The claimant appealed the Tribunal's decision that he did not suffer a catastrophic impairment due to a GCS score less than 9. The primary grounds for appeal were the Tribunal's refusal to admit video evidence of the accident and treatment by EMS, and the Tribunal's decision to allow an IE expert to comment on matters...
The claimant appealed the Tribunal's decision that she did not suffer a catastrophic impairment under the Spinal Cord Independence Measure III ("SCIM"), also known as Criteria 2(iii). The Court upheld the Tribunal's decision, concluding that Adjudicator Boyce was correct in law to dismiss the catastrophic impairment application because the claimant did not suffer a permanent...
The claimant was involved in an accident and sustained various minor injuries. Approximately five months post-accident, the claimant's immediate family members flew from the United Kingdom to visit. The cost of the return flight was GBP £2,650. The claimant submitted the expense to the insurer as an accident-related visitors expense, which was denied. The claimant...
The claimant sought entitlement to an OCF-18 seeking funding for CAT assessments, including a neurology assessment, physiatry assessment, psychology assessment, and two occupational therapy assessments. The insurer denied the CAT assessments on the basis that the claimant sustained soft tissue injuries in the accident and argued that the claimant's complaints were not accident-related (but rather...
The claimant was walking to her vehicle when she slipped and fell on ice. The fall happened as she was turning towards the driver's side door and had activated the key fob to unlock the vehicle. The Tribunal accepted that the claimant had satisfied the purpose test, as the accident arose from the ordinary and...
The claimant was in an accident in September 2015. He was paid IRBs until December 2015. In a December 30, 2015 EOB letter, the insurer notified the claimant that: “Your Income Replacement Benefit has been stopped on December 2, 2015, as you returned to work full-time on December 2, 2015. No further Income Replace Benefit...
The insurer appealed a production order made by the Tribunal in advance of ongoing proceedings. The Court dismissed the appeal as premature, holding there were no exceptional circumstances justifying appellate intervention by the Court. The insurer's arguments were premised on the possibility of unfairness rather than any inevitable substantive unfairness, which could justify review of...
The claimant sought a determination that he suffered a catastrophic impairment under the Extended Glasgow Outcome Scale (GOS-E). The parties agreed that the claimant sustained a mild traumatic brain injury and a fractured pelvis as a result of the accident, and agreed that the brain injury was evidenced on medical imaging. To receive a catastrophic...
The claimant was in international student from China. She came to Canada in 2014 to attend school and was involved in a motor vehicle accident in 2017. She sustained injuries to her head, neck, arm, knee, shoulder, back and left side. She did not report the accident to the police or seek medical attention on...
The claimant was involved in a 1994 accident. She received accident benefits under the 1994 SABS. One of the benefits under the 1994 SABS was the loss of earning capacity benefits (LECBs), which was payable to persons who were entitled to IRBs for more than two years. In 2006, the 1994 SABS was amended to...