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.

October 28, 2024

/

tgp-admin

Kumar v. Aviva General Insurance Company (2024 ONSC 5882)

The claimant appealed the Tribunal's decision that he was not entitled to post-104 week IRBs, and the Tribunal's decision refusing to extend the time for reconsideration. The Court dismissed the appeal and the judicial review, holding that the Tribunal did not make any reviewable errors. The adjudicator was entitled to control the process with respect...

October 22, 2024

/

tgp-admin

Kaloczi v. Wawanesa Mutual Insurance Company (2024 ONSC 5665)

The claimant appealed the Tribunal's decision that she did not suffer a catastrophic impairment. She argued that the Tribunal erred in applying the "but for" causation test, and failing to properly weigh other issues that led to psychological impairment. The Court dismissed the appeal, holding that there was no basis to reversed the Tribunal. The...

October 8, 2024

/

tgp-admin

Achaia-Shiwram v. Intact Insurance Company (2024 ONSC 5479)

The claimant appealed the Tribunal's decision that she did not suffer a catastrophic impairment and that she was not entitled to IRBs. She argued that the Tribunal erred in its causation analysis, in considering pre-existing conditions, and in attributing impairments to a subsequent event. The Court dismissed the appeal. The Court held that the Tribunal...

October 2, 2024

/

tgp-admin

Luluquisin v. Aviva Insurance Co. of Canada (2024 ONSC 5369)

The claimant appealed the Tribunal's dismissal of his claim for attendant care benefits. He argued that the Tribunal failed to consider all the evidence and gave insufficient reasons. The Court agreed that the Tribunal failed to provide sufficient reasons. The claimant had a catastrophic impairment, and the Tribunal summarily dismissed the claim for ACBs without...

September 25, 2024

/

tgp-admin

Said v. Northbridge General Insurance Company (2024 ONSC 5248)

The claimant appealed the Tribunal's dismissal of her claims based on res judicata. The Court dismissed the appeal, holding that the claimant's remedy if she disagreed with the first decision was to seek reconsideration or appeal of that decision. The Tribunal's second decision based on res judicata was correct in law, and did not result...

September 19, 2024

/

tgp-admin

Fernandez v. Commonwell Mutual Insurance (2024 ONSC 5180)

The claimant appealed the Tribunal's refusal to grant an adjournment of her hearing for a catastrophic impairment, and ultimately finding that she did not suffer a catastrophic impairment. The Court held that the Tribunal's refusal to grant an adjournment breached fairness concerns, and ordered a new hearing. The Court explained that the claimant had limited...

September 10, 2024

/

tgp-admin

Ho v. Allstate Insurance (2014 ONSC 6317)

The claimant appealed the Tribunal's decision that his settlement was valid. The claimant argued that the version of the Settlement Disclosure Notice he signed in 2004 was invalid. The Court upheld that Tribunal's decision that the settlement was valid, as the discrepancy regarding the two business day cooling off period did not affect the validity...

June 21, 2024

/

tgp-admin

Landa v. The Dominion of Canada General Insurance Company (498/21; 152/22; 396/23; 397/23)

The claimant appealed and sought judicial review in relation to five LAT decisions. The accident that gave rise to the claims occurred in 2007. The issues in dispute in the LAT hearings included the limitation period and entitlement to IRBs and medical benefits. The Court examined whether the LAT decisions disclosed an error of law,...

June 19, 2024

/

tgp-admin

Zuchelkowski v. Zenith Insurance Co. (2024 ONSC 3512)

The claimant appealed the Tribunal's decision that her late application for benefits barred her claim. The claimant applied for accident benefits in August 2017 following her son's May 2025 accident. The Tribunal held that the claimant did not provide a reasonable explanation for the delay of more than two years. The claimant argued on appeal...

June 14, 2024

/

tgp-admin

Dutrisac v. Economical Insurance Company (22-007124)

The issue in this case is whether the law outlined in the Divisional Court decision of Malitskiy v. Unica Insurance Inc., 2021 ONSC 4603 (CanLII) continues to apply to later dates of loss -- particularly, after Bulletin No. A-03/18 was enacted. In this LAT decision, Adjudicator Norris held that Malitskiy continues to apply. In this...

June 12, 2024

/

tgp-admin

Hordo v. CAA Insurance Company (2024 ONSC 6064)

The claimants appealed the Tribunal's decision that they were not entitled to NEBs or housekeeping expenses. The Court dismissed the appeal, finding no legal error. The appeals were primarily based on factual disputes, and allegations of bias and lack of procedural fairness on the part of the adjudicators. The Court held that there was no...

June 12, 2024

/

tgp-admin

Hamad v. Dominion of Canada General Insurance Company (2024 ONSC 3324)

The claimant appealed the Tribunal's decision that he did not suffer a catastrophic impairment as a result of the accident. The Court dismissed the appeal, holding that the claimant did not raise any legal errors on the part of the Tribunal. The Tribunal's factual findings were supported by the evidence presented by the parties, and...

May 31, 2024

/

tgp-admin

Davis v. Aviva General Insurance Co. (2024 ONSC 3054)

The claimant appealed the Tribunal's decision that she was not involved in an "accident" when she slipped on ice while in the process of getting into her vehicle. The claimant also argued that the insurer's decision to raise that issue more than three years after the accident was procedurally unfair. The Court granted the appeal...

May 23, 2024

/

tgp-admin

Pope v. Pilot Insurance Company (2024 ONSC 2932)

The claimant appealed the Tribunal's decision that her 2002 settlement in relation to a 1995 accident was valid, and that she was not entitled to rescind the settlement. The Settlement Disclosure Notice used in the settlement did not contain some information about the maximum benefits available to her (as required by the SDN at the...

May 22, 2024

/

tgp-admin

Spencer v. Economical Insurance Company (21-015648)

The applicant was involved in a July 29, 2021 accident and sought $3,000 per month in ACBs from September 9, 2021 onwards. The insurer did not dispute the initial entitlement to the maximum, non-catastrophic quantum of care. The adjudicator awarded her $942.19 per month in ACBs commencing December 9, 2022. She was not entitled to...

May 21, 2024

/

tgp-admin

Adam v. Aviva General Insurance Company (2024 ONSC 3577)

The claimant appealed the Tribunal's decision that he was not entitled to post-104 week IRBs. The Court rejected the appeal, holding that the Tribunal correctly concluded that the insurer complied with section 37 regarding the denial of IRBs, and the denial did not lack medical reasons or specificity for the denial. The Court also dismissed...

May 6, 2024

/

tgp-admin

Hathaway-Warner v. TD General Insurance Company (2024 ONSC 2511)

The claimant appealed the Tribunal's decision relating to proper hourly rate for ACBs, whether she had incurred attendant care services, whether she required supervisory care, whether she required home modifications, and the cost of a home modification assessment. The Court upheld the Tribunal's decision on all points. The claimant's accident occurred on July 14, 2010....

May 6, 2024

/

tgp-admin

Fagundes v. Intact Insurance (2024 ONSC 2575)

The claimant appealed the Tribunal's decision that she was not entitled to post-104 week IRBs. The Court dismissed the appeal. The Court held that there was considerable evidence on which the Tribunal relied in coming to its conclusion, and the Tribunal was entitled to weigh and prefer the expert evidence of the insurer over the...

May 3, 2024

/

tgp-admin

Laljee v. Aviva General Insurance Company (2024 ONSC 2577)

The claimant appealed the Tribunal's dismissal of her claim for a catastrophic impairment designation and various treatment plans. The Court dismissed the appeal, finding that there was no merit to the claimant's arguments. The claimant had not been denied procedural fairness, and had been provided with all documentation referred to during the hearing. The Tribunal's...

April 30, 2024

/

tgp-admin

Nouracham v. Aviva General Insurance Company (2024 ONSC 2415)

The claimant appealed the Tribunal's decision that she was not entitled to IRBs because she was not employed at the time of the accident. The Court dismissed the appeal. The claimant was "on call" with a temp agency, and occasionally worked at a factory for one day or several days at most. She had not...

April 16, 2024

/

tgp-admin

Shahin v. Intact Insurance Company (2024 ONSC 2059)

The claimant appealed the Tribunal's conclusion that she did not suffer a catastrophic impairment. She argued that she was denied procedural fairness due to: (i) failure by the Tribunal to make the insurer's expert re-attend for cross-examination, (ii) by the Tribunal deciding causation when it was not argued by the parties; and (iii) by the...

Contact Us

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

416.507.1850

eodonnell@tgplawyers.com

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

Contact Us

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

416.507.1850

eodonnell@tgplawyers.com