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.

August 27, 2018

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Y.I. v. Aviva Canada Inc. (18-0005452)

The claimant sought entitlement to chiropractic, massage, and physiotherapy treatment proposed in four treatment plans. Adjudicator Johal found that the claimant was entitled to the cost of two of the treatment plans in dispute, based on a detailed analysis of the OCF-18 forms and the IE assessments. Adjudicator Johal found that the IE assessor did...

August 27, 2018

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M.C. v Certas Home and Auto Insurance (17-005243)

The claimant failed to attend a case conference which was the fourth proceeding he failed to attend. The claimant was put on notice that his application could be dismissed as abandoned and was given an opportunity to provide written submissions on why his application should not be dismissed without a hearing. The claimant failed to...

August 27, 2018

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B.A. v. Gore Mutual Insurance Company (18-000290)

The claimant sought coverage for accident benefits following an assault at an auto mechanic. The insurer denied that the facts of loss constituted an accident. Adjudicator Mazerolle agreed with the insurer. He conceded that attending an auto mechanic was part of the ordinary and well-known activities to which an automobile is put. He also conceded...

August 24, 2018

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Applicant v. Unifund Assurance Company (17-004579)

The claimant sought a determination that her impairments were outside of the MIG and entitlement to attendant care and medical benefits proposed in eight treatment plans. Adjudicator Go found that the claimant's injuries fell within the MIG and she was not entitled to any of the benefits in dispute. As a preliminary issue, the respondent...

August 24, 2018

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Applicant v Unifund Insurance Company (17-009004)

The insurer requested reconsideration of part of a decision made by external counsel for the Tribunal during a case conference. At the case conference, the insurer requested the determination of the preliminary issue of whether the claimant was precluded from proceeding with his application to the LAT because he failed to attend IEs. External counsel...

August 23, 2018

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Applicant v Aviva General Insurance (17-003692)

The claimant argued that her injuries including chronic pain syndrome, psychological impairments, jaw injury, and post-traumatic headaches fell outside the MIG and sought medical benefits and the costs of examinations. Adjudicator Daoud held that the claimant suffered from minor injuries that fell within the MIG. The adjudicator found that claimant did not suffer from chronic...

August 22, 2018

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Applicant v Aviva Insurance Canada (17-008143)

The claimant sought entitlement to IRBs, medical benefits, and various costs of examinations, in addition to a special award. Adjudicator Fricot held that the claimant was not entitled to any of the benefits claimed. The claimant argued that all documentation submitted by the insurer be ruled inadmissible as it was not sworn, or that it...

August 22, 2018

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Applicant v. The Co-Operators General Insurance Company (17-006816)

The claimant sought a determination that his impairments were outside of the MIG and entitlement to one treatment plan for psychological services. This was the claimant's second LAT application relating to MIG determination. The adjudicator in the hearing relating to the first application (Adjudicator Sewrattan) found that the claimant's injuries were minor. When the second...

August 21, 2018

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A.F. v. North Blenheim Mutual Insurance Company (16-002336)

Following a reconsideration of the initial decision, the Tribunal was asked to decide whether the limitation period should be waived in accordance with section 7 of the LAT Act. Adjudicator Watt concluded that the limitation period should not be waived. He held that the claimant had failed to heed direction from the LAT that the...

August 21, 2018

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Applicant v. Aviva Insurance Canada (17-006138)

The claimant sought entitlement to two treatment plans for chiropractic and psychological services. Adjudicator Watt found that the claimant was not entitled to the benefits in dispute. Adjudicator Watt found that many of the medical complaints raised by the claimant were not connected to the 2013 motor vehicle accident. Adjudicator Watt found that the treatment...

August 21, 2018

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Applicant v. Aviva General Insurance (17-006831)

The claimant sought a determination that her impairments were outside of the MIG and entitlement to attendant care and medical benefits proposed in six treatment plans. Pursuant to s. 56 of the SABS, Adjudicator Watt found that the claimant was statute barred from seeking attendant care benefits as the benefits were denied more than two...

August 21, 2018

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Applicant v. Aviva Canada Inc. (17-005825)

The claimant sought entitlement to various medical benefits and a special award. Adjudicator Létourneau concluded that all of the proposed treatments were reasonable and necessary for the claimant's injuries. The family physician had diagnosed chronic pain and recommended ongoing physical therapy. The claimant also demonstrated psychological impairments that required ongoing treatment. The IE reports did...

August 21, 2018

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V.H. v. Certas Home & Auto Company (17-006293)

The claimant sought entitlement to mileage for the cost of her medical service providers attending her home. She argued that because she was in a rural community without such services, it was reasonable and necessary for such payments to be made. The insurer argued that it was paying for the travel time of the treatment...

August 21, 2018

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A.F. v. North Blenheim Mutual Insurance Company (16-002336)

Following a reconsideration of the initial decision, the Tribunal was asked to decide whether the limitation period should be waived in accordance with section 7 of the LAT Act. Adjudicator Watt concluded that the limitation period should not be waived. He held that the claimant had failed to heed direction from the LAT that the...

August 21, 2018

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A.F. v. North Blenheim Mutual Insurance Company (16-002336)

Following a reconsideration of the initial decision, the Tribunal was asked to decide whether the limitation period should be waived in accordance with section 7 of the LAT Act. Adjudicator Watt concluded that the limitation period should not be waived. He held that the claimant had failed to heed direction from the LAT that the...

August 21, 2018

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A.F. v. North Blenheim Mutual Insurance Company (16-002336)

Following a reconsideration of the initial decision, the Tribunal was asked to decide whether the limitation period should be waived in accordance with section 7 of the LAT Act. Adjudicator Watt concluded that the limitation period should not be waived. He held that the claimant had failed to heed direction from the LAT that the...

August 20, 2018

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R.H. v. Wawanesa Mutual Insurance Company (17-005570)

The insurer alleged that the accident was staged and refused to pay accident benefits. The claimant sought disclosure of the insurer's unredacted log notes, the property damage file, and the notes for the related BI claims. Adjudicator Maedel ordered that the insurer produce redacted log notes pertaining to the accident investigation and denial of benefits...

August 17, 2018

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M.R. v Aviva Insurance Canada (17-007428)

The claimant sought entitlement to various medical benefits and the costs of a chronic pain examination. The Tribunal was also asked to determine whether the claimant was statute-barred from disputing one of the denied benefits, as he failed to commence his application within the two year time frame. Adjudicator Kepman concluded that the application for...

August 17, 2018

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Applicant v RBC General Insurance Company (17-007471)

The claimant argued that his injuries fell outside the MIG due to a pre-existing condition that prevented him from achieving maximal recovery under the MIG and due to a psychological injury that was not mere sequelae of his soft tissue injuries. The claimant sought medical benefits for a psychological assessment and chiropractic services, as well...

August 15, 2018

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Applicant v. Aviva Insurance Canada (17-007527)

The claimant sought a determination that her impairments were outside of the MIG and entitlement to medical benefits proposed in three treatment plans. Adjudicator Maleki-Yasdi found that the claimant's psychological impairment took her outside of the MIG, based on evidence that pre-existing psychological issues were exacerbated by the accident. The claimant was found entitled to...

August 15, 2018

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K.D. v. Wawanesa Mutual Insurance Company (18-001020)

The claimant's mother was involved in an accident while an occupant of a friend's vehicle. The mother did not have insurance of her own. The claimant applied for accident benefits under the friend's policy. The insurer argued that the claimant was not an insured person under the policy and not entitled to accident benefits. Adjudicator...

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Contact Us

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Toronto, Ontario M5H 3S5

416.507.1850

eodonnell@tgplawyers.com

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Toronto, Ontario M5H 3S5

416.507.1850

eodonnell@tgplawyers.com