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.

December 17, 2021

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Aviva General Insurance v. Simmonds (19-010035)

The insurer sought repayment of IRBs in the amount of $12,731.87 for the period from July 10, 2017 to April 26, 2019 plus interest and costs. At the time of the accident, the claimant was employed at a shoe store and at a jewellery store. The insurer spoke with the jewellery store on September 26,...

December 17, 2021

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Tetruashvili v. Toronto Transit Commission (20-005001)

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...

December 16, 2021

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Ritchie v. Economical Insurance (20-013296)

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...

December 15, 2021

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Opoku v. Jevco Insurance (20-003302)

The preliminary issue in this matter was whether the insurer's denials of the disputed treatment plans complied with s. 38(8) of the Schedule. Adjudicator Kaur found that the insurer's denials of the disputed treatment plans did not comply with s. 38(8) because they did not reference the claimant's injuries or the medical documentation that was...

December 15, 2021

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Qazi v. Aviva Insurance Company of Canada (19-007943)

The claimant was involved in a motor vehicle accident in 2015. As a result of the accident, she sustained multiple injuries, including a head injury with a GCS score of 5/15. The insurer determined the claimant had a catastrophic impairment as defined in the SABS. The claimant returned to work on a part-time basis in...

December 14, 2021

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Varriano v. Allstate (2021 ONSC 8242)

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...

December 7, 2021

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Awada v. Allstate Insurance Company (2021 ONSC 8108)

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...

December 6, 2021

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Bagla v. TD Insurance Meloche Monnex (20-004158 and 20-004159)

The claimant sought reconsideration of a decision that his claims for ACBs were barred due to the limitation period. He made no submissions on the original decision because his counsel at the time unilaterally removed himself as counsel without notice. Four months after the decision was issued, the claimant retained new counsel, who filed a...

December 6, 2021

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Abdi v. TD General Insurance Company (19-008845)

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...

December 6, 2021

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Xin v. Aviva Insurance Company of Canada (19-009204)

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...

December 6, 2021

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N.H. v. Motor Vehicle Accident Claims Fund (19-000953)

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...

December 4, 2021

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Sajid v. Certas Home and Auto Insurance Company (2022 ONSC 2071)

The claimant appealed the Tribunal's decision that he was not involved in accident. He was the driver of a taxi, and was assaulted by a passenger about 50 steps from the taxi while following him to his home to get payment for the fare. The Divisional Court dismissed the appeal, holding that the Tribunal did...

December 2, 2021

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Gupta v. TD Insurance Meloche Monnex (19-010353)

The claimant applied to the LAT seeking entitlement to the cost of examinations, post-104 IRBs, ACBs, and a special award. The claimant was involved in a motor vehicle accident in 2016. Her injuries were found to include post-concussion syndrome and chronic pain. She received long-term disability benefits until 2020 (when she received an advance buyout...

December 1, 2021

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Scheltgen v. TD Insurance Meloche Monnex (20-010604)

The preliminary issue in this matter is whether the claimant was barred from commencing a proceeding for IRBs because he failed to comply with s. 44 of the Schedule by not attending an insurer's examination. The insurer submitted that the claimant should be statute-barred from proceeding with his application for failing to provide a reasonable...

December 1, 2021

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Francia v. Licence Appeal Tribunal (2021 ONSC 7847)

The claimant appealed the Tribunal's decision that he was not involved in an accident. He suffered injuries when responding to a fatal collision between a transport truck and tractor-trailer. The claimant was called to the scene to clean up the industrial spill. The fumes from the chemicals caused him to suffer a collapsed lung requiring...

November 29, 2021

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Amoaka v. Aviva Insurance Company of Canada (20-000377)

The claimant sought entitlement to an OCF-18 seeking funding for CAT assessments, submitted by an occupational therapist. The insurer denied the OCF-18 on the basis that since an occupational therapist could not complete an OCF-19, an occupational therapist could not propose CAT assessments. The claimant argued that section 45(2)(1) referred only to the submission of...

November 26, 2021

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Unica Insurance Inc. v. Jeyabalasingam (19-013236)

The insurer sought repayment of three months of IRBs after determining overpayment had been made due to the claimant's return to work. A request for overpayment dated April 10, 2019 was made by the insurer to the claimant and her legal representative by regular mail. The claimant took the position that the request for repayment...

November 26, 2021

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Howe v. The Commonwell Mutual Insurance Company (19-010824)

The claimant sought a determination that she suffered a catastrophic impairment as a result of a 2012 accident, due to psychological impairment, and claimed a special award. She was 15 years old at the time of the accident and had been diagnosed with Autism Spectrum Disorder prior to the accident. The insurer argued that the...

November 25, 2021

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Shen v. Aviva General Insurance Company (20-000662)

The claimant applied to the LAT seeking entitlement to NEBs and chiropractic services proposed in one OCF-18. Pursuant to section 36(4) of the SABS, the claimant argued that the insurer was required to pay for NEBs as a result of a failure to reply to an OCF-3 within 10 days and a failure to provide...

November 25, 2021

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Perrigard v. Primmum Insurance Company (19-010651)

The claimant applied to the LAT disputing entitlement to IRBs and a medical benefit. The insurer brought a preliminary motion arguing that the claimant was barred from proceeding with the dispute as he applied to the LAT more than two years after the denials. Adjudicator Boyce agreed with the insurer and dismissed the claimant's medical...

November 25, 2021

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Travis v. Aviva Insurance Company (20-004822)

This claim arises out of a vehicle attack that occurred in Toronto on April 23, 2018. The claimant, a firefighter, developed psychological impairments after responding to the incident. The insurer denied the application for benefits, arguing that the claimant had not been involved in an accident pursuant to the SABS. The Tribunal agreed with the...

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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

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