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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September 25, 2017

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J.F. v. Aviva Insurance Company of Canada (16-004503)

The claimant was a tow truck driver who sustained injuries while opening the garage bay door at a mechanic's shop. He was opening the door to push a broken taxicab inside the garage. He sought benefits from his auto insurer, which were denied. The issue at the LAT was whether the claimant had been involved...

September 25, 2017

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S.Y. v .Aviva General Insurance Company (16-004549)

The claimant sought entitlement to medical benefits. Some of the treatment plans were not included as original issues in dispute, others were already paid by the insurer. Adjudicator Anna Truong reviewed the medical evidence and determined that two treatment plans were reasonable, while a psychological treatment plan was not. Other treatment plans were denied due...

September 22, 2017

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T.B. v. Security National Insurance Co. (16-002570)

The claimant sought entitlement to income replacement and housekeeping benefits. At the outside of the hearing the parties advised Adjudicator Gregory Flude that the matter had settled. Accordingly, Adjudicator Flude closed the file.

September 22, 2017

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M.F.Z. v. Aviva Insurance Canada (16-000517)

The Tribunal had determined in both cases that the MIG did not apply because the insurer failed to comply with section 38(8) of the SABS. The insurer sought reconsideration. Executive Chair Lamoureux held that the Tribunal had not made a significant error in concluded that section 38(8), and that the insurer's notice was deficient. She...

September 22, 2017

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J.K. v. Royal & SunAlliance Insurance (17-002272)

The claimant did not participate during a case conference. The case conference was therefore adjourned and rescheduled to allow for all parties to participate. The adjourning case conference report noted that the claimant was put on notice that failing to attend the rescheduled case conference would result in the dismissal of the claims before the...

September 22, 2017

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J.C.C. v. Aviva Insurance Company of Canada (16-000663)

The Tribunal had determined in both cases that the MIG did not apply because the insurer failed to comply with section 38(8) of the SABS. The insurer sought reconsideration. Executive Chair Lamoureux held that the Tribunal had not made a significant error in concluded that section 38(8), and that the insurer's notice was deficient. She...

September 22, 2017

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I.S. v. Aviva Insurance Canada (17-001098)

The claimant sought entitlement to attendant care benefits. The insurer requested further information from the service provided pursuant to section 46.2. The insurer asserted that the claimant was barred from proceeding to a hearing given the failure to provide the material outlined under section 46.2. Adjudicator Avvy Go ordered the claimant to provide the requested...

September 21, 2017

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V.A. v. Co-operators General Insurance Company (17-001327)

The insurer requested a preliminary motion to determine whether the claimant was barred from seeking income replacement benefits due to the limitation period. Adjudicator Neilsen held that the limitation period did not apply because the claimant was only deemed to have received a denial from the insurer five days after it was mailed her (per...

September 20, 2017

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S.H. v. Northbridge Personal Insurance Company (16-000915)

The claimant was involved in an accident while in the course of employment driving a tractor trailer. He opted out of the WSIB regime to join a class action claim against the Government of Newfoundland for failing to ensure its highways were free of wildlife (including moose). He received accident benefits from the insurer while...

September 20, 2017

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H.S. v. Northbridge Personal Insurance Company (16-001133)

The claimant was involved in an accident while in the course of employment driving a tractor trailer. He opted out of the WSIB regime to join a class action claim against the Government of Newfoundland for failing to ensure its highways were free of wildlife (including moose). He received accident benefits from the insurer while...

September 19, 2017

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J.K.H. v. Northbridge Insurance Company (17-002468)

The claimant brought a motion seeking an adjournment of the scheduled hearing and cited the submitted of an OCF-19 as reason for the added time. Adjudicator Lori Marzinotto reviewed section 21 of the Statutory Powers Procedures Act and noted the central consideration when contemplating an adjournment is whether a full and fair hearing is possible....

September 15, 2017

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K.W. v. Unifund Assurance Company (17-001606)

The claimant sought entitlement to IRBs. The claimant provided the respondent with an OCF-10 electing a NEB. The claimant applied to the LAT regarding her entitlement to NEB, but subsequently submitted an amended application changing her claim from a NEB to an IRB. This preliminary issue hearing was brought to determine if the claimant was...

September 14, 2017

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I.T. v. The Personal Insurance Company (16-002364)

The claimant was involved in an accident while in the course of her employment as a Registered Practical Nurse. She was eligible for, applied for, and received WSIB. She subsequently elected to pursue a tort action and accident benefits. The respondent denied the claimant's accident benefit claim pursuant to section 61 of the SABs, based...

September 14, 2017

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S.S. v. Wawanesa Mutual Insurance Company (16-003931)

The claimant failed to participate in the Case Conference, and failed to make written submissions on why his claim should not be dismissed. Adjudicator Maedel dismissed the claim after being satisfied that the claimant had been notified of the insurer's motion and had failed to adhere to the Case Conference order.

September 14, 2017

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P.I. v. Aviva General Insurance (17-000465)

The insurer brought two preliminary issues in defence of this accident benefits claim: first, whether the claimant was barred from pursing a LAT dispute due to failure to attend IEs, and second, whether the claimant had failed to comply with section 33 requests. Adjudicator Treksler held that the claimant was barred from pursuing income replacement...

September 14, 2017

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M.R. v. Aviva Canada (16-001739)

The claimant sought non-earner benefits. Adjudicator Hines concluded that the claimant failed to prove that she suffered a complete inability as a result of the accident. She noted that the claimant had been involved in three earlier accidents in the past few years and had made claims for NEBs in those cases. Adjudicator Hines also...

September 14, 2017

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I.S. v. Aviva Insurance Canada (17-000942)

This preliminary hearing addressed whether the claimant was involved in an "accident". She had fallen outside of her residence after disembarking from a vehicle which stopped to drop her off in front of her building. The fall occurred due to an uneven curb about three or four steps from the vehicle. Adjudicator Daoud concluded that...

September 13, 2017

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J.W.X. v. Coachman Insurance Company (17-000914)

The claimant sought entitlement to various accident benefits. The parties reached a settlement during the hearing of the case. Adjudicator Bickley therefore closed the claim.

September 11, 2017

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C.F. v. Aviva Insurance Canada (16-002373)

The claimant sought entitlement to a number of treatment plans. The insurer asserted a MIG position and noted one treatment plan to be limitations barred. Adjudicator Avvy Go noted the burden rested with the claimant and that the evidence tendered did not tie any specific impairment to the MVA. Moreover, the impairments were described as...

September 8, 2017

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M.H. v. Certas Direct Insurance Company (16-003657)

The claimant sought entitlement to non-earner benefits and a lone treatment plan. Adjudicator Rebecca Hines, on review of the medical evidence and surveillance, determined the claimant had not met the burden of proof to establish entitlement to non-earner benefits. The lone treatment plan was deemed payable as evidence did suggest the claimant was still dealing...

September 8, 2017

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F.P. v. Aviva Insurance Company (16-002861)

The claimant sought entitlement to further medical benefits and a special award; the insurer argued that the claimant had failed to attend IEs and that the benefits were not reasonable and necessary. Adjudicator Treksler concluded that the insurer's request for IEs was not reasonable given that only one year had passed since the last IEs...

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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