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.

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November 30, 2022

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Nash v. Aviva General Insurance Company (2022 ONSC 6723)

The claimant appealed the Tribunal's decision that he was not entitled to IRBs. The claimant argued that the Tribunal incorrectly applied the SABS, misinterpreted the IRB sections, misapprehended the evidence, and breached natural justice. The Court dismissed the appeal, holding that there were no errors of law committed by the Tribunal. The Tribunal's decision to...

November 25, 2022

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Vaitheeswaran v. State Farm Mutual Automobile Insurance Company (2022 ONSC 6346)

The claimant appealed the Tribunal's decision regarding the quantum of ACBs awarded, and the date interest began to accrue. The claimant also sought judicial review of a FSCO decision relating to housekeeping expenses. The Court dismissed the appeal, holding that the Tribunal did not commit any legal errors in its award of ACBs. The Court...

November 24, 2022

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Basuric v. Dominion of Canada General Insurance Company (2022 ONSC 6148)

The claimant appealed the Tribunal's decision that her application for accident benefits was submitted late without reasonable excuse, and that she was barred from seeking accident benefits. The Court dismissed the appeal, holding that the appeal was on a point of mixed fact and law, and as such was not subject to appeal. The Court...

November 23, 2022

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Beaudin v. Travelers Insurance Company of Canada (2002 ONCA 806)

The insurer appealed the decision of the Divisional Court (which upheld the Tribunal's decision) that a dirt bike involved in an accident was an "automobile" for the purposes of the SABS. The Tribunal had concluded that the dirt bike was required to be insured under the Off-Road Vehicles Act and was not exempt from insurance...

October 26, 2022

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Aviva General Insurance Company v. Catic (2022 ONSC 6000)

The insurer appealed the Tribunal's decision that it was required to pay all amounts on a treatment plan as a result of a late section 38 denial, despite the claimant not incurring the amounts. The Court agreed with the insurer and allowed the appeal. The Court held that section 38(11)(2) operates to require payment of...

October 24, 2022

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Arab v. Unica Insurance (2022 ONSC 5761)

The claimant appealed the Tribunal's decision that he was not employed at the time of the accident, and was therefore not entitled to IRBs. The claimant had only worked 20 weeks in the past 52 weeks, and was absent from at the time of the accident, but was not formally terminated until after the accident....

October 21, 2022

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C.P. v. Certas Home and Auto Insurance Company (2022 ONSC 5978)

The claimant appealed the Tribunal's decision dismissing his claim for further IRBs, arguing that the Tribunal erred in allowing IE reports to be admitted without the Expert's Duty form being completed, in applying the IRB test, and by failing to provide procedural fairness or natural justice. The Court dismissed the appeal. The Court held that...

September 12, 2022

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Ladouceur v. Intact Insurance Company (2022 ONSC 5206)

The claimant sought judicial review of the Tribunal's decision that the limitation period barred the claim for NEBs, and the Tribunal's decision not to extend the limitation period under section 7 of the LAT Act. The Court dismissed the matter, holding that judicial review was only warranted in rare circumstances. The claimant chose not to...

September 1, 2022

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Aviva Insurance Company of Canada v. Spence (2022 ONSC 4988)

The insurer appealed the Tribunal's decision that EI sickness benefits are not deductible from IRBs as "gross employment income". The Court reversed the Tribunal's decision, holding that there was no ambiguity in the SABS, and that EI sickness benefits were deductible as "gross employment income". The Court wrote that the Tribunal erred in not treating...

August 30, 2022

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Jevco Insurance Company v. Hang (2022 ONSC 4961)

The insurer brought an urgent motion for a stay of the scheduled hearing due to counsel's unavailability to attend the hearing. Justice London-Weinstein applied the three-prong test from RJR MacDonald v. Canada (Attorney General) and concluded that a stay was not warranted. The insurer demonstrated that there was a serious issue to be tried, and...

July 29, 2022

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The Dominion of Canada General Insurance Company v. Ridi (2022 ONSC 564)

The claimant appealed the Divisional Court's decision that HST payments on attendant care benefits were included in the $6,000 monthly limits. The Court dismissed the appeal and held that the HST on attendant care services was included in the monthly limit, and was not payable on top of the limit. The Court found that sections...

July 29, 2022

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Morrisey v. Wawanesa Insurance Company (2022 4398)

The claimant was injured in an accident in 2000, while the 1996 SABS applied. In 2018, the claimant filed a LAT dispute for (among other things) retroactive attendant care benefits. The Tribunal found the claimant was not entitled to retroactive ACBs because he had no excuse for the late Form 1. The Tribunal also held...

July 13, 2022

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Grewal v. Peel Mutual Insurance Company (2022 ONSC 4082)

The claimant appealed the Tribunal's motion decision dismissing her request to add punitive damages to the LAT application. The Court dismissed the appeal, holding that it did not have jurisdiction to hear the appeal because the motion was an interlocutory step. The Tribunal's decision could only be appealed upon the final decision on the merits.

July 7, 2022

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Vespa v. Aviva General Insurance Company (2022 ONSC 3283)

The claimant appealed the Tribunal's denial of a chiropractic treatment plan, arguing that the adjudicator's failure to refer to a specific medicolegal report suggested the lack of procedural fairness or denial of natural justice. The Divisional Court dismissed the appeal. The Court concluded that the Tribunal's reasons demonstrated that the initial decision and reconsideration decision...

July 6, 2022

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Penney v. The Co-operators General Insurance Company (2022 ONSC 3874)

The claimant appealed the Tribunal's decision denying her motion to remove the insurer's counsel due to an alleged conflict of interest. The insurer's counsel acted in the LAT dispute and in a priority dispute. The Divisional Court in The Personal v. Jia upheld a decision by the Tribunal that such representation in both matters was...

June 27, 2022

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Joslin-Mielke v Pembridge (19-012118)

The claimant applied to the LAT after a dispute regarding the appropriate quantum of ACBs. The claimant argued that due to the complexities of her injury and impaired mobility she would require emergency assistance throughout the night and when traveling within the community. The insurer had already made payment to the claimant for ACBs but...

June 24, 2022

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Warren v. Licence Appeal Tribunal (2022 ONSC 3741)

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...

June 14, 2022

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Singh v. Aviva Insurance Company (20-008014)

In this LAT dispute, the insurer challenged the length and hourly rates claimed in one of the claimant's treatment plans. The claimant was seeking $1,466.25 in remaining amounts for psychological treatment. The plan consisted of twelve one and a half hour sessions at the hourly rate of $224.42. Dr. Harris' psychological report, which formed the...

June 9, 2022

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Landa v. The Dominion of Canada General Insurance Company (19-011699)

This is a reconsideration decision. In the initial decision the LAT barred the claimant from proceeding with claims for benefits because she applied to the LAT outside of the limitation period. The LAT further determined that it lacked discretion to extend the limitation period under s. 7 of the LAT Act. The reconsideration hearing proceeded...

June 7, 2022

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Singh v. Wawanesa Mutual Insurance Company (2022 ONSC 3361)

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...

June 7, 2022

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Yatar v. TD Meloche Monnex

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...

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Contact Us

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

416.507.1850

smilne@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP