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 13, 2024

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Noble v. Economical Insurance Company (2024 ONSC 6985)

The claimant appealed the Tribunal's decision that she was not entitled to dispute benefits because she did not attend a psychiatric IE. Prior to this appeal, the claimant attended the IE and commenced a new LAT application. Nevertheless, the claimant continued with the appeal arguing that the LAT erred in barring the dispute, and in...

December 10, 2024

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Bailey v Traders General Insurance Company (24-003141)

The claimant was involved in an automobile accident in July 2020. She applied to the LAT seeking entitlement to IRBs and medical benefits. With regards to IRBs, the parties disagreed over the period when the “complete inability” standard comes into effect. The claimant argued that the wording “104 weeks of disability” means that this standard...

November 29, 2024

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Hall v. Unifund Assurance Company (2024 ONSC 6677)

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's appeal was essentially a re-argument of the evidence. The Tribunal was entitled to weigh the evidence as it saw fit, and the adjudicator provided full and...

November 14, 2024

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McDonald v. Aviva Insurance Company (2024 ONSC 6030)

The claimant appealed the Tribunal's decision that he was not entitled to a special award in relation to housing benefits following the insurer's concession just prior to the hearing. The claimant had sustained a catastrophic impairment and required 24-hour care. He sought accessible housing, which was denied by the insurer. He then sought a rental,...

November 12, 2024

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The Personal Insurance Company v. Tagoe (2024 ONSC 894)

The insurer appealed the Divisional Court's decision that discoverability applied to the claimant's IRB claim and that the limitation period did not bar the claim. The claimant was injured in an April 2016 accident. He applied for accident benefits in May 2016, but indicated that he had returned to work due to financial reasons. The...

November 12, 2024

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Vivekanantham v. Certas Direct Insurance Company (2024 ONSC 6198)

The claimant appealed and sought judicial review of the Tribunal's decision that she did not sustain a catastrophic impairment and that she was not entitled to a special award. At the Tribunal hearing, the insurer's psychiatric assessor refused to attend to give evidence despite a summons, but the adjudicator still allowed the IE report to...

November 4, 2024

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Cabral v. Northbridge General Insurance (2024 ONSC 6057)

The claimant appealed and sought judicial review of the Tribunal's decision that he did not suffer a catastrophic impairment as a result of a 2002 accident. The Tribunal concluded that the claimant's impairments did not meet the necessary psychological injuries, and that a subsequent 2006 accident was a primary factor for the reported impairments. The...

November 1, 2024

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Pourkhodaya v. The Personal Insurance Company (2024 ONSC 6019)

The claimant appealed and sought judicial review of the Tribunal's decision that she was not involved in an "accident" as defined in the SABS. The claimant suffered an aneurysm in 2020 incident in which she was in a vehicle that was being pursued and harassed by a group of motorcyclists. There was no collision or...

October 28, 2024

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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...

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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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