Skip to the content
  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases
  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases

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.

July 20, 2018
/
tgp-admin

Applicant v. Unica Insurance Inc. (17-007052)

The claimant sought a declaration that she sustained a catastrophic impairment, and sought entitlement to ACBs and medical benefits. The insurer denied all of the claims and argued that the claim for ACBs was time barred. Adjudicator Ferguson held that the claimant did not suffer a catastrophic impairment. He preferred the evidence of the IE...
Read More
July 19, 2018
/
tgp-admin

Applicant v. Aviva Insurance Canada (17-006787)

The claimant sought removal from the MIG and various medical benefits. Adjudicator Parish concluded that the claimant's injuries fell within the MIG. The claimant's injuries were clinically associated sequela to the soft tissue injuries she sustained in the accident. Adjudicator Parish preferred the opinion of the IE assessor, who believed that the claimant's soft tissue...
Read More
July 19, 2018
/
tgp-admin

K.T. v. Aviva General Insurance (17-007027)

The claimant sought entitlement to attendant care benefits beyond the termination date despite no amounts being incurred. The claimant asked that the LAT deem the expenses incurred. Adjudicator Mazerolle concluded that he could not deem the expenses incurred. He held that the insurer's termination of attendant care benefits was not unreasonable and that the IE...
Read More
July 18, 2018
/
tgp-admin

Applicant v. Aviva Insurance (17-005631)

The claimant sought entitlement to a chronic pain assessment and assistive devices. Adjudicator Kepman found the claimant credible and granted the chronic pain assessment based on ongoing wrist pain years after the accident. The insurer had paid part of the claims for assistive devices, but denied the remainder based on the cost. Adjudicator Kepman concluded...
Read More
July 18, 2018
/
tgp-admin

Applicant v. Aviva Insurance Canada (17-006159)

The claimant sought removal from the MIG and entitlement to five treatment plans. Adjudicator Boyce concluded that the claimant's injuries were minor. Adjudicator Boyce held that the claimant failed to provide evidence of chronic pain and that pain lasting more than six months was not sufficient proof for removal from the MIG. He also held...
Read More
July 18, 2018
/
tgp-admin

Applicant v. Aviva Insurance Canada (17-006157)

The claimant sought removal from the MIG and entitlement to five treatment plans. Adjudicator Boyce concluded that the claimant's injuries were minor. Adjudicator Boyce held that the claimant failed to provide evidence of chronic pain and that pain lasting more than six months was not sufficient proof for removal from the MIG. He also held...
Read More
July 18, 2018
/
tgp-admin

C.M. v. Aviva General Insurance (17-005910)

The claimant sought entitlement to an additional seven months of IRBs and entitlement to a special award for IRBs that were paid at a lower rate than mandated by the SABS. Adjudicator Grant concluded that no further IRBs were payable for the disputed period because the medical evidence did not suggest an inability to continue...
Read More
July 18, 2018
/
tgp-admin

Applicant v. Aviva Insurance Canada (17-007959)

The claimant sought entitlement to IRBs and the cost of a chronic pain assessment. Adjudicator Watt dismissed both claims. Regarding IRBs, he held that the claimant was able to work. None of the claimant's own physicians said that the claimant was unable to work, and the IE assessors made the same conclusions. Regarding the chronic...
Read More
July 17, 2018
/
tgp-admin

Applicant v. Pembridge Insurance Company (17-005315)

The claimant sought removal from the MIG and entitlement to chronic pain treatment. Adjudicator Grant dismissed the claims. He accepted the opinions of the IE assessors that the claimant had normal physical functional limits and that no diagnosable psychological condition was demonstrated.
Read More
July 17, 2018
/
tgp-admin

Applicant v. The Guarantee Company of North America (17-005360)

The claimant sought entitlement to NEBs. Adjudicator Watt dismissed the claim. He noted that the claimant was still able to be active in most of her pre-accident activities, and that she had recovered by at least 50 percent. Although the claimant suffered pain, the pain was insufficient on its own to meet the "complete inability"...
Read More
July 17, 2018
/
tgp-admin

Applicant v. Wawanesa Mutual Insurance Company (17-005887)

The claimant (who was represented by a litigation guardian due to pre-existing mental disability) sought entitlement to six treatment plans for physical therapy. Adjudicator Watt concluded that the therapy was not reasonable and necessary. The claimant had been receiving similar treatment for four years and there was no evidence that further treatment of a chiropractic...
Read More
July 17, 2018
/
tgp-admin

Applicant v State Farm Mutual Automobile Insurance Company (17-008613)

The applicant sought payment for IRBs. The respondent argued that the applicant's claim was time-barred. The applicant submitted an OCF-1 in February 2012. State Farm denied the claim on March 8, 2012. The applicant submitted an OCF-3 in January 2017 after exhausting collateral benefits. State Farm denied the claim and requested additional financial documentation, but...
Read More
July 16, 2018
/
tgp-admin

Applicant v. Aviva Insurance Company (17-006910)

The claimant sought a death benefit in relation to the death of her adult child. Adjudicator Norris concluded that the deceased was principally dependent for care on the claimant due to mental disability and diabetes. The claimant was the principal provider of social and emotional support for the deceased and regularly spoke to the deceased...
Read More
July 16, 2018
/
tgp-admin

Applicant v. Guarantee Company of North America (17-006956)

The claimant sought entitlement to NEBs and funding for catastrophic impairment assessments. The insurer argued that the limitation period barred the claim for NEBs, and that the claimed catastrophic impairment assessments were not reasonable and necessary. Adjudicator Flude agreed with the insurer. He held that the claim for NEBs was barred by the limitation period...
Read More
July 16, 2018
/
tgp-admin

Applicant v. Desjardins General Insurance Group (17-005974)

The claimant sought entitlement to seven treatment plans and a special award. Adjudicator Purdy granted all the claims. She concluded that the medical evidence showed a compression fracture was directly caused by the accident, and that the proposed treatment was appropriate for addressing the injury. She was critical of the IE assessor focusing on standard...
Read More
July 16, 2018
/
tgp-admin

Applicant v. Royal Sun Alliance (RSA) (17-006236)

The claimant sought entitlement to two years of IRBs, removal from the MIG, and six treatment plans. Adjudicator Punyarthi concluded that the claimant sustained a concussion and that his injuries were therefore not minor. All of the disputed treatment plans were awarded because they directly addressed the impairments the claimant was suffering. Finally, Adjudicator Punyarthi...
Read More
July 16, 2018
/
tgp-admin

Applicant v Aviva Insurance Canada (17-006470)

The applicant sought medical benefits for a massage therapy chair and extended warranty. Adjudicator Ferguson held that the applicant was entitled to the benefit claimed as it was reasonable and necessary. The applicant was also entitled to interest on overdue payment of benefits due. The adjudicator preferred the applicant's treatment plan from an occupational therapist...
Read More
July 13, 2018
/
tgp-admin

Applicant v. The Guarantee Company of North America (17-004431)

The claimant sought entitlement to treatment outside of the MIG, and NEBs. Adjudicator Gosio held that the claimant's injuries fell within the MIG. Adjudicator Gosio held that while the claimant had pre-existing back pain, she failed to submit compelling evidence that her pre-existing back pain prevented her from achieving maximal medical recovery within the MIG....
Read More
July 12, 2018
/
tgp-admin

S.K. v. TTC Insurance (17-002561)

The Tribunal found that the claimant sustained a catastrophic impairment due to two marked impairments. The insurer sought reconsideration based on a number of arguments. Vice Chair Trojek rejected the reconsideration. She held that there was no requirements that the adjudicator convert the marked impairment into a WPI. She also wrote that the adjudicator considered...
Read More
July 10, 2018
/
tgp-admin

S.B. v. Wawanesa Mutual Insurance Company (17-004020)

The claimant sought entitlement to the cost of an in-home assessment and chiropractic treatment proposed in one treatment plan. Adjudicator Daoud found that the claimant was not entitled to the benefits in dispute. Adjudicator Daoud held that experiencing some difficulty with housekeeping and home maintenance tasks does not warrant the need for an in-home assessment.
Read More
July 6, 2018
/
tgp-admin

Applicant v. Unifund Assurance Company (17-008769)

The claimant sought disclosure of any surveillance in the insurer's possession, whether it intended on relying upon it or not. Adjudicator Grieves held that while any surveillance in the insurer's possession was relevant, it was not producible if litigation privilege would apply to it (i.e. if it was obtained after the LAT dispute was commenced...
Read More
Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100

Contact Us

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

416.507.1800

416.507.1850

eodonnell@tgplawyers.com

  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
  • Careers

Contact Us

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

416.507.1800

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

416.507.1800

416.507.1850

eodonnell@tgplawyers.com