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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July 21, 2017

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O.D. v. Economical Mutual Insurance Company (17-000801)

The claimant brought a motion to combine the insurer's appeal for repayment of income replacement benefits with the claimant's case for IRBs, attendant care, and medical benefits. The insurer resisted the motion as a hearing date and preparation for said date had already been established - to allow the combination would result in a delay....

July 21, 2017

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A.D. v. Economical Mutual Insurance Company (17-000775)

The claimant brought a motion to combine the insurer's appeal for repayment of income replacement benefits with the claimant's case for IRBs, attendant care, and medical benefits. The insurer resisted the motion as a hearing date and preparation for said date had already been established - to allow the combination would result in a delay....

July 17, 2017

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R.S. v. Aviva Insurance Canada (16-003141)

The claimant sought entitlement to NEBs. As a preliminary issue, the claimant argued that the insurer's late surveillance and IE reports should not be considered by the LAT. Adjudicator Sewrattan allowed the materials to be admitted. In terms of the NEB claim, Adjudicator Sewrattan concluded that the claimant had not proven entitlement because he led...

July 14, 2017

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J.T. v. Aviva Canada Inc. (16-003674)

This case addresses whether an incident occurring on an ATV qualifies as an "accident" under the SABS. To qualify, the ATV must have been considered an "automobile" at the time of the incident, which is not defined in the SABS. Arbitrator Hines considered the common law definition as set out by the Court of Appeal...

July 14, 2017

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Applicant v. Wawanesa Mutual Insurance Company (16-000004)

The claimant sought a declaration of catastrophic impairment due to a Class 4 marked impairment. She had sustained soft tissue injuries and a mild concussion in the accident. Adjudicator Sapin concluded that the claimant suffered a Class 4 marked impairment in the functional category of "adaptation". Adjudicator Sapin heard extensive evidence on the claimant's pre-accident...

July 13, 2017

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J.H. v. The Personal Insurance Company (17-000208)

The claimant suffered a non-minor injury and sought entitlement to one treatment plan for physiotherapy. The insurer argued that the treatment was not reasonable and necessary. As a preliminary issue, the insurer argued that the claimant submitted her materials to the LAT four days late, and that the materials should be excluded. Adjudicator Hines allowed...

July 12, 2017

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M.S. v. Primmum Insurance Company (16-000546)

Following an earlier decision, in which the claimant's case was dismissed, the insurer sought costs. Adjudicator Sewrattan reviewed the reasoning for the dismissal of the claimant's case, which largely turned upon the claimant's counsel failing to submit materials and evidence to the LAT. He concluded that the applicant had not acted unreasonably, but rather, that...

July 12, 2017

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M.M. v. Certas Direct Insurance Company (16-004675)

In this preliminary motion, the insurer sought to have the claimant's reply submissions excluded due to late filing. Adjudicator Markovits allowed the late submissions to be filed on the basis that the insurer did not suffer any prejudice, no new issues were raised in the reply submissions, and the Case Conference Order pertaining to late...

July 6, 2017

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H.W. v. Intact Insurance Company (16-000347)

The claimant sought entitlement to non-earner benefits. Adjudicator Theoharis dismissed the claim, reasoning that the claimant failed to demonstrate that the accident had resulted in the claimant being continuously prevented from engaging in substantially all of the activities in which she ordinarily engaged in before the accident. Of particular note was the claimant's extensive pre-accident...

July 6, 2017

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G.K. v. Wawanesa Mutual Insurance Company (16-004479)

The claimant sought entitlement to medical benefits. The insurer asserted a MIG designation. On review, Adjudicator Sewrattan determined that the pre-existing back pain of the claimant would not prevent recovery under the MIG. The claimant's injuries were deemed minor and the treatment plans were denied.

July 5, 2017

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P.E. v. The Dominion of Canada General Insurance Company (16-003460)

The claimant sought entitlement to medical benefits. At the outset, the insurer sought a dismissal of the claimant's application for arbitration based on non-compliance with disclosure requirements. Adjudicator Ferguson noted there was no authority under Rule 9 of the LAT Rules to dismiss an application for failing to comply with Tribunal disclosure rules. Moreover, the...

July 5, 2017

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L.D. v. Aviva Insurance Canada (16-003010)

The claimant sought entitlement to non-earner benefits and 11 treatment plans. On review of the medical evidence, Adjudicator Hines awarded five treatment plans. Additionally, Adjudicator Hines ruled that the mere filing of a disability certificate was insufficient to demonstrate entitlement to non-earner benefits; NEBs were denied.

July 4, 2017

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Aviva Insurance Company of Canada v. A.M. (16-001014)

The insurer sought reconsideration of the Tribunal's denial of repayment of IRBs. The request was based on the claimant receiving disability benefits. The claimant had not informed the insurer of his receipt of disability benefits, and the insurer subsequently made a request for repayment of IRBs totalling $4,414.29. The Tribunal had originally denied repayment reasoning...

June 30, 2017

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N.Y. v. TD Insurance Meloche Monnex (17-001054)

Following the Case Conference, the insurer obtained a served addendum IE reports. The claimant filed a notice of motion seeking an order restricting the admissibility of insurer addendum reports; an order allowing her to cross-examine the authors of the IE addendum reports; and an adjournment to seek supplementary reports of her own. The claimant also...

June 30, 2017

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D.S. v. Allstate Insurance Company of Canada (17-000224)

The claimant sought entitlement to income replacement benefits and three treatment plans. The insurer advanced a limitations defence. Vice Chair Flude noted there was no evidence presented to refute the validity of the insurer's denials. The notices were deemed compliant with the requirements of Smith v Co-Operators and the claimant was considered outside of the...

June 30, 2017

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Applicant v. Royal Sun Alliance Insurance Company of Canada (16-000068)

The claimant sought ongoing IRBs following a motor vehicle accident. The claimant had been a tow truck driver prior to the accident, but had not returned to work. The insurer terminated the claimant's entitlement to IRBs after eight months. Adjudicator Sapin concluded that the claimant continued to suffer a substantial inability to complete the essential...

June 28, 2017

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R.L. v. State Farm Insurance Company (17-000020)

The insurer brought a preliminary issues motion seeking to preclude the claimant from bringing an application for arbitration disputing the denial of medical benefits. The claimant asserted the requested assessments were unreasonable. Adjudicator Maedel identified the following factors to determine if an IE was requested: (i) The timing of the insurer's request; (ii) The possible...

June 28, 2017

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K.K. v. Aviva Insurance (16-000863)

The claimant sought entitlement to four medical treatment plans. At the hearing the claimant also sought to add a claim for a special award and interest. On review, Adjudicator Bickley refused to allow the additional issues. After examining the medical evidence, one treatment plan was found reasonable and necessary. Because the treatment plan was originally...

June 27, 2017

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D.W. v. The Co-Operators (17-000388)

The claimant sought entitlement to IRBs. The claimant's lawyer faxed a Disability Certificate (OCF-3) to the respondent on December 17, 2013 that did not confirm entitlement to IRBs. For unknown reasons, the respondent did not receive this OCF-3 until January 21, 2015. IRBs were denied on January 29, 2015. On January 25, 2017, almost two...

June 27, 2017

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M.R. v. Aviva Insurance Company of Canada (16-00216)

The claimant sought a determination that his impairments were outside of the MIG and entitlement to attendant care benefits. As a preliminary issue, the respondents sought to exclude the supplementary report of Dr. El-Hage, psychologist, and the sworn affidavit of the occupational therapist. Adjudicator Nemet granted the motion, as the material was written less than...

June 27, 2017

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H.S. v. TD General Insurance Company (16-002705)

The insurer sought entitlement to costs after the claimant withdrew an application before the LAT. The claimant also sought costs for having to resist the insurer's costs motion. Adjudicator Belanger-Hardy noted that a withdrawal of an application alone will rarely, if ever, be a sufficient basis on which the Tribunal will make a costs order....

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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