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.

July 29, 2022

/

tgp-admin

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 29, 2022

/

tgp-admin

Schuknecht v Economical Insurance Company (19-013098)

The parties agreed that the claimant was eligible for IRBs, but disagreed on the quantum of the benefit. The applicant received STD and subsequently LTD, as well as CPP disability benefits. Vice Chair Maedel confirmed that these benefits were all taxable and offset the standard weekly IRB payment, as per sections 4(1)(a) and (b) of...

July 29, 2022

/

tgp-admin

Singer v The Co-operators General Insurance Company (19-014099)

The claimant was seriously injured in an accident and received benefits from his insurer as a result. The claimant applied to the LAT seeking an award under s. 10 of Regulation 664, submitting that the insurer acted in bad faith to prevent him from applying for additional benefits. Specifically, the claimant argued that the insurer...

July 28, 2022

/

tgp-admin

Crecoukias v. Toronto Transit Commission (19-014590)

The claimant witnessed an individual being struck and killed by a bus. He applied to the LAT for a catastrophic impairment designation, and disputing entitlement to ACBs and various medical benefits. The insurer argued that the claimant's severe psychological impairments were the result of pre-existing schizophrenia that was already worsening prior to the accident. Adjudicator...

July 27, 2022

/

tgp-admin

Gamble v Allstate Insurance Company of Canada (20-010512)

The claimant was found to be entitled to post-104 week IRBs for psychological reasons. The insurer terminated the claimant's entitlement to IRBs pursuant to section 57(2) of the SABS, on the basis that she had failed to seek psychological treatment. Section 57(2) requires a person to obtain treatment that is reasonable, available, and necessary to...

July 27, 2022

/

tgp-admin

Ramkelawan v Aviva Insurance Company (20-006937)

The claimant retained an expert accountant to calculate their quantum of IRBs as a result of the subject accident. The insurer denied payment of the report. The matter eventually proceeded to a Case Conference and several issues were settled between the parties, the only remaining issue was the cost of the accounting report. The claimant's...

July 25, 2022

/

tgp-admin

Galang v. Coseco Insurance Company (20-008382)

The claimant was injured in an accident on April 30, 2018. She sought entitlement to various treatment plans, including a chiropractic treatment plan submitted on May 15, 2018, and a physiotherapy treatment plan submitted on July 19, 2018. The insurer denied the claimant’s chiropractor treatment plan and partially approved the physiotherapy plan. The claimant was...

July 14, 2022

/

tgp-admin

McBeth v Allstate Canada (20-007407)

The parties agreed that the claimant met the disability test and was entitled to IRBs, but disagreed over whether he had available to him, and could have received LTD from his collateral benefits insurer through his employment. The claimant took the position that he applied for LTD, which were refused, and therefore the insurer was...

July 14, 2022

/

tgp-admin

Mahoney v. Jevco Insurance Company (21-004916)

This motion was brought by the claimant for a declaration that she was not barred from proceeding to a hearing due to non-attendance at a psychological IE. The claimant argued that the Notice of Examination for the IE did not satisfy the requirements in s. 44, and that s. 55(1) was not triggered because the...

July 14, 2022

/

tgp-admin

Muir v. Wawanesa Insurance (19-000604)

The claimant sought to set aside his settlement agreement of $400,000 from 2007 because there had been no "meeting of the minds". S. 9.1 of the SABS requires a claimant to return any money received as consideration for the settlement prior to rescinding a settlement or applying to the LAT. The insurer argued that the...

July 13, 2022

/

tgp-admin

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 12, 2022

/

tgp-admin

Saiyid v. Intact Insurance Company (20-013964)

The claimant exited an Uber vehicle, and was attempting to cross Bay Street to take a GO Bus at Toronto’s Union Station when she slipped and fell on Bay Street. She fractured her hip. The claimant applied for accident benefits, which were denied by the insurer on the basis that this incident did not qualify...

July 8, 2022

/

tgp-admin

H.Y.Z. v. Allstate Canada (18-003942)

The insurer initially accepted that the claimant sustained a catastrophic impairment, but reversed its decision upon receipt of ODSP records detailing similar pre-accident impairments. The claimant argued that the treatment plans submitted during the period while she had access to the catastrophic impairment limits ought to be payable. The insurer argued that because the claimant...

July 7, 2022

/

tgp-admin

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

/

tgp-admin

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...

July 4, 2022

/

tgp-admin

Maillet v. The Dominion of Canada General Insurance Company (20-011519)

The insurer brought a motion requesting that the claimant's application for IRBs be barred under s. 55(1) due to IE non-attendance. The claimant had failed to attend a post 104-week physiatry IE on four occasions. Adjudicator Mazerolle found that the Notice of Examination provided sufficient medical and other reasons for the examination under s. 44....

July 4, 2022

/

tgp-admin

O’connor v. Aviva General Insurance Company (19-006131)

The claimant brought an application seeking entitlement to IRBs from December 16, 2017 to May 2018. The date of loss was December 9, 2017. She testified that she had returned to part-time work in January 2018 and transitioned to full-time work in April or May 2018. However, the insurer identified two IE reports in which...

July 4, 2022

/

tgp-admin

Waring v Aviva General Insurance Company (21-012529)

A videoconference hearing had been arranged in relation to catastrophic impairment and attendant care. Ahead of the hearing, the claimant filed a motion to exclude a report from the insurer relating to ACBs and alleged the insurer's notice was deficient. The claimant argued that the resulting report and Form 1 should be excluded from the...

July 4, 2022

/

tgp-admin

Yevdokymova v. Economical Insurance (21-000502)

The claimant sought a catastrophic impairment designation and entitlement to various medical benefits and attendant care benefits. The insurer argued that the claimant was barred from disputing entitlement because an earlier hearing regarding NEBs already concluded that the claimant did not suffer the majority of the injuries or impairments allegedly sustained in the accident. The...

June 28, 2022

/

tgp-admin

Sahadeo v. Pafco Insurance Company (19-006331)

The claimant sought catastrophic impairment designation under Criterion 7 (53% WPI, rounded to 55%) and/or Criterion 8 (marked impairment in Adaptation) of the SABS, as well as entitlement to various medical benefits. Vice Chair Lester found that the claimant was not catastrophically impaired. With respect to Criterion 8, Vice Chair Lester felt that the claimant...

June 27, 2022

/

tgp-admin

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...

Contact Us

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

416.507.1850

eodonnell@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP Disclaimer | Privacy Policy | Statement of Principles

Powered by Crow & Pitcher

Subscribe to get TGP’s case summaries straight to your inbox

Subscribe to get TGP’s case summaries straight to your inbox

Contact Us

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

416.507.1850

eodonnell@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP