• Areas of Practice
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases
Menu
  • Areas of Practice
  • 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.

Search
Generic filters
January 25, 2018
/
tgp-admin

J.R. v. Coachman Insurance Company (17-001154, 17-001337)

This is a reconsideration decision concerning procedural issues with respect to the submission of supplementary written submissions. Following an oral hearing, the parties were invited to submit supplementary written submissions. Due to a clerical error at the LAT's office, Adjudicator Shapiro ordered that the insurer file its submissions prior to the deadline that was ordered...
Read More
January 25, 2018
/
tgp-admin

A.B-H. v. Travelers (17-001856)

The claimant sought entitlement to one treatment plan. The insurer maintained a MIG position. Adjudicator Gemma Harmison reviewed the evidence of the claimant and determined that it was not enough to warrant removal from the MIG. The claim was dismissed.
Read More
January 24, 2018
/
tgp-admin

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

The insurer sought reconsideration of the underlying decision based on the adjudicator's failure to make a determination on the applicability of section 37(7) (the provision allowing the insurer to not pay IRBs until the claimant attended an IE); the adjudicator had only made an order regarding section 55 (that the claimant had to attend the...
Read More
January 24, 2018
/
tgp-admin

Applicant v. Brant Mutual Insurance Company (17-003105)

The claimant was injured in an accident in 2005. She applied for accident benefits with the insurer. She was assessed for attendant care benefits shortly after submitting the OCF-1. The insurer subsequently denied entitlement to ACBs in an OCF-9 dated April 6, 2005. In 2017, the claimant applied to the LAT for entitlement to ACBs,...
Read More
January 24, 2018
/
tgp-admin

Applicant v. Allstate Canada (17-004793)

The claimant sought entitlement to one treatment plan. The insurer denied the treatment plan as not being reasonable and necessary. Adjudicator Christopher Ferguson reviewed the evidence of each party and determined that the insurer's IE reports were more credible and the claimant's reports did not have corroborating support from clinical notes and records. The claim...
Read More
January 23, 2018
/
tgp-admin

Pagcaliwagan v. Aviva Insurance Company (17-003500)

The claimant sought to exclude addendum reports completed by the insurer's IE assessors, which were served three days after the ordered due date. Adjudicator Paluch held that the late addendum reports would be admissible at the hearing. He reasoned that the insurer had kept that claimant apprised of its intention to obtain the addendum reports,...
Read More
January 23, 2018
/
tgp-admin

P.K. v. Unica Insurance Inc. (17-005397)

The insurer sought an order for a number of documents (which the claimant undertook to provide during the Case Conference) and the particulars of the special award claim. Adjudicator Ferguson granted the insurer's motion, and ordered the claimant to produce the requested documentation within seven days, and to provide the particulars of the special award...
Read More
January 22, 2018
/
tgp-admin

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

The claimant sought reconsideration of the underlying Tribunal decision, in which the adjudicator concluded that the ATV the claimant was occupying at the time of the accident was not an "automobile," and that the claimant was therefore not entitled to accident benefits. Executive Chair Lamoureux allowed the reconsideration and remitted the matter to a new...
Read More
January 22, 2018
/
tgp-admin

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

The claimant sought reconsideration of the Tribunal's denial of IRBs. The crux of the issue was whether the claimant could claim IRBs after the first 104 weeks without first receiving IRBs during the first 104 weeks. The Tribunal initially ruled that the claimant could not seek IRBs. Executive Chair Lamoureux confirmed the result, but on...
Read More
January 22, 2018
/
tgp-admin

Applicant v. Unica Insurance Company (17-002059)

The insurer sought to have the application dismissed on the basis of the claimant's failure to attend the hearing. Adjudicator Maedel held that the claimant had abandoned his application, and had failed to substantiate his claims. The matter was dismissed.
Read More
January 22, 2018
/
tgp-admin

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

The claimant sought reconsideration of the underlying Tribunal decision, in which the adjudicator concluded that the ATV the claimant was occupying at the time of the accident was not an "automobile," and that the claimant was therefore not entitled to accident benefits. Executive Chair Lamoureux allowed the reconsideration and remitted the matter to a new...
Read More
January 22, 2018
/
tgp-admin

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

The claimant sought reconsideration of the Tribunal's denial of IRBs. The crux of the issue was whether the claimant could claim IRBs after the first 104 weeks without first receiving IRBs during the first 104 weeks. The Tribunal initially ruled that the claimant could not seek IRBs. Executive Chair Lamoureux confirmed the result, but on...
Read More
January 19, 2018
/
tgp-admin

Applicant v. TTC Insurance Company Limited (17-002561)

The claimant sought a declaration that she suffered a catastrophic impairment as a result of the accident, and entitlement to a psychological paper review. The claimant had submitted two OCF-19s - the first alleged a catastrophic impairment due to a 55 percent Whole Person Impairment; the second alleged a catastrophic impairment due to a Class...
Read More
January 18, 2018
/
tgp-admin

Applicant v. Aviva Insurance Company (17-001007)

The claimant sought removal from the MIG and entitlement to two treatment plans for physical therapy. Adjudicator Watt held that the claimant's injuries fell within the MIG and wrote that the claimant had not explained why her pre-existing obesity, hypertension, and sciatic nerve problems would prevent maximal recovery under the MIG. He favoured the opinions...
Read More
January 17, 2018
/
tgp-admin

K.S.Y. v. Aviva Insurance Canada (16-003903)

The claimant sought a determination that her impairments were outside of the MIG and entitlement to benefits proposed in two treatment plans for physical rehabilitation and one treatment plan for a psychological assessment. The insurer raised a preliminary issue, submitting that the claimant was precluded from adjudicating the issues in dispute for failure to attend...
Read More
January 17, 2018
/
tgp-admin

T.H. v. Aviva Insurance (17-001125)

The claimant sought entitlement to non-earner benefits. The insurer argued the claimant had not suffered a complete inability to carry on a normal life. Adjudicator Robert Watt applied the factors found in the Ontario Court of Appeal decision of Heath v. Economical and determined that the claimant failed to meet the burden of proof. The...
Read More
January 16, 2018
/
tgp-admin

Applicant v The Guarantee Company of North America (17-002558)

The applicant sought medical benefits for physiotherapy services. The respondent brought a motion to strike the applicant's reply. The applicant filed a response to the motion to strike a day after the deadline. Adjudicator Goela held that despite being late, she would consider the applicant's response as it did not prejudice the respondent. Adjudicator Goela...
Read More
January 16, 2018
/
tgp-admin

Unifund Assurance Company (17-001773)

The insurer sought repayment of income replacement benefits. Adjudicator Robert Watt reviewed the jurisprudence of section 52 and noted that a proper repayment notice should include: (i) identification of the type of benefit that was overpaid, (ii) the payment period for which repayment is sought, (iii) the amount of repayment sought, and (iv) the amount...
Read More
January 16, 2018
/
tgp-admin

C.W. v. Unifund Assurance Company (16-003336)

The insurer sought reconsideration of the Tribunal's decision that the claimant's injuries were non-minor due to a partial shoulder tear and pre-existing back pain. Executive Chair Lamoureux dismissed the reconsideration. She held that the Tribunal's decision was based on the evidence before it and that the Tribunal was entitled to weight the contradicting evidence as...
Read More
January 16, 2018
/
tgp-admin

Applicant v. Aviva Insurance Canada (16-003323)

The claimant sought entitlement to non-earner benefits, as well as a number of medical treatment plans. The insurer denied entitlement to all claims. Adjudicator Rebecca Hines reviewed the medical evidence and determined the claimant failed to prove the treatment plans were reasonable and necessary, and also failed to establish a complete inability to carry on...
Read More
January 16, 2018
/
tgp-admin

A.R. v. Wawanesa Mutual Insurance Company (17-000149)

The claimant sought entitlement to two proposed orthopaedic assessments. Adjudicator Msosa denied both assessments. He first wrote that without the treatment plans before him, he could not determine whether they were reasonable. He also accepted the opinion of the insurer's expert that the claimant had not sustained orthopaedic injury in the accident and there was...
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

Contact Us

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

416.507.1800

416.507.1850

smilne@tgplawyers.com

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

© 2020 Thomas Gold Pettingill LLP Disclaimer | Privacy Policy | Statement of Principles

Powered by Crow & Pitcher

Subscribe to get TGP’s case summaries straight to your inbox

Subscribe to get TGP’s case summaries straight to your inbox

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

Contact Us

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

416.507.1800

416.507.1850

smilne@tgplawyers.com

  • Disclaimer
  • Privacy Policy
  • Statement of Principles

© 2020 Thomas Gold Pettingill LLP