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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March 6, 2018

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Tsalikis v. Wawanesa Mutual Insurance Company (2018 ONSC 1581)

The claimant had been denied benefits above the MIG limits and further IRBs. The Tribunal dismissed her application based on the medical evidence and based on a two day teleconference hearing. The claimant argued that a teleconference hearing was a breach of procedural fairness; that she was not aware the MIG would be addressed in...

March 6, 2018

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Applicant v. RBC General Insurance Company (16-002963)

This is a preliminary issue decision on whether the applicant was precluded from proceeding with the LAT application until she attended requested IE assessments. With reference to Augustin v. Unifund, Adjudicator Daoud found that the insurer's Notice of Examination complied with section 44 of the SABS and held that the applicant was precluded from proceeding...

March 6, 2018

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Applicant v. Certas Home and Auto Insurance Company (17-005008)

The claimant sought removal from the MIG and one treatment plan. Adjudicator Kepman concluded that the claimant's back spasm were clinically associated sequelae to a soft tissue injury, and that the claimant was therefore restricted to MIG-level benefits.

March 6, 2018

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Applicant v. Aviva Insurance Company (17-004394)

The claimant sought entitlement to four medical benefits. Adjudicator Mazerolle found the proposed physiotherapy and chiropractic therapy to be reasonable and necessary based on the persistent nature of claimant's injuries. An acupuncture treatment plan and a proposed orthotics assessments were denied due to the lack of evidence connecting the claimant's injuries to the proposed benefits.

March 5, 2018

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D.A. v. Aviva Insurance Canada (16-001381)

This is a preliminary issue decision on whether the claimant was statute barred from pursuing a claim for non-earner benefits because the LAT application was filed more than two years after the benefit was denied. This matter involved the transition from FSCO to the LAT. Adjudicator Ferguson found that the LAT application had been filed...

March 5, 2018

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Applicant v. Aviva Insurance Canada (17-003824)

The insurer requested an adjournment of the hearing in order to obtain the claimant's ODSP file, which had not yet been provided by ODSP. Vice Chair Hunter granted the adjournment.

March 4, 2018

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K.R. v. Gore Mutual Insurance Company (17-005722)

This is a preliminary hearing decision on whether the insurer could complete s. 44 addendum reports in a hearing regarding CAT impairment determination. The claimant and the insurer had submitted medicolegal assessments on CAT determination. In addition, the claimant submitted addendum reports which affirmed her assessors' original positions, following a review of the insurer's reports....

March 2, 2018

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Y.M.Y. v. Certas Home and Auto Insurance Company (17-004982)

The claimant sought entitlement to a number of medical treatment plans and income replacement benefits. The insurer asserted the claimant failed to meet the disability test for IRBs and also asserted a MIG designation. Adjudicator Ian Maedel, on review of the medical evidence, concluded the claimant sustained predominately minor injuries. The claims for medical treatment...

March 2, 2018

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Applicant v. Aviva Insurance Canada (17-004258)

The insurer argued that the LAT did not have jurisdiction to determine if the claimant sustained a catastrophic injury because the claimant had not disputed entitlement to any substantive benefits. Adjudicator Ferguson dismissed the insurer's motion. Adjudicator Ferguson held that the provisions of the Insurance Act and the SABS did not preclude the LAT from...

March 2, 2018

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Applicant v. Aviva General Insurance (17-005287)

The claimant requested an adjournment of the LAT hearing because two witnesses were not available, and in order to obtain an addendum report from his expert. Adjudicator Makhamra granted the adjournment, noting that the Tribunal preferred to adjudicate claims on a complete evidentiary basis.

February 28, 2018

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S.G. v. Intact Insurance Company (17-002640)

The claimant was a pedestrian who was struck by an egg thrown at him from the occupant of a moving vehicle. He applied for accident benefits. The insurer argued that the incident was not an "accident" as defined in the SABS. Adjudicator Ferguson dismissed the application and held that the claimant had not been involved...

February 28, 2018

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M.F. v. Allstate Insurance Company (17-001328)

The claimant sought entitlement to the cost of an attendant care assessment and interest. Adjudicator Kowal dismissed the claimant's application as the claimant had not incurred the cost of the attendant care assessment. However, Adjudicator Kowal held that in order for an initial s. 25 attendant care assessment to be found payable, five criteria must...

February 28, 2018

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A.L. v. The Personal Insurance Company (17-002582)

The Tribunal initially decided that the claimant was precluded from applying to the LAT in light of his non-attendance at multiple insurer examinations. Associate Chair Batty initiated a reconsideration on his own initiative to remedy a breach of procedural fairness in the preliminary issue hearing. In its reasons, the LAT had described how the respondent's...

February 28, 2018

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A.L. v. The Personal Insurance Company (17-002582)

The Tribunal initially decided that the claimant was precluded from applying to the LAT in light of his non-attendance at multiple insurer examinations. Associate Chair Batty initiated a reconsideration on his own initiative to remedy a breach of procedural fairness in the preliminary issue hearing. In its reasons, the LAT had described how the respondent's...

February 27, 2018

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Aviva Insurance Canada v. D.P. (17-004352)

The insurer sought repayment of benefits, the costs it incurred in conducting IEs, and the cost of adjusting the claim based on the claimant's wilful misrepresentation and fraud. The claimant was unrepresented and did not participate in the proceedings. Adjudicator Ferguson agreed with the insurer's submissions that, based on the evidence, the claimant was not...

February 27, 2018

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A.K. v. Aviva Insurance Canada (16-004622)

The claimant sought entitlement to three disputed treatment plans and the payment of an OCF-3. Adjudicator Anwar found that the claimant was entitled to all three disputed treatment plans but not the cost of the OCF-3. Adjudicator Anwar concluded that the accident aggravated the claimant's pre-existing chronic back and neck pain and the proposed treatment...

February 26, 2018

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Z.Z. v. Wawanesa Mutual Insurance Company (17-007223)

The insurer brought a motion seeking an order against the claimant's employer for the full employment file. Adjudicator Makhamra concluded that the LAT had jurisdiction to order a third party to produce records, and ordered the employer to produce the entire employment file. The adjudicator noted that the claimant consented to the order, but that...

February 26, 2018

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N.H. v. Aviva Insurance Company (17-001088)

The claimant sought entitlement to medical benefits. The insurer, after receipt of the application to the LAT, arranged for an IE. The claimant objected and the Tribunal at a preliminary issue hearing determined that the IE was reasonable and could go forward. The Tribunal would adjourn the hearing on the merits to allow for the...

February 26, 2018

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N.C. v. Aviva Insurance Canada (17-004085)

The claimant sought entitlement to one medical treatment plan. Adjudicator Anita Goela, on review of the medical evidence, determined that the treatment plan was not reasonable and necessary. The matter was dismissed.

February 26, 2018

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J.R. v. Certas Home and Auto Insurance Company (16-003921)

The claimant sought entitlement to a number of medical benefits. The insurer denied the treatment plans based on IE reports and the LAT agreed with the denials. On reconsideration, however, Executive Chair Linda Lamoureux determined that the Tribunal arrived at the determination in a manner that was procedurally unfair to the claimant. At the Tribunal...

February 26, 2018

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I.K. v. Primmum Insurance Company (16-001652)

The claimant sought entitlement to a number of medical benefits as well as attendant care benefits. The insurer argued the claimant was barred from proceeding with a LAT application for failing to attend a number of IEs, pursuant to section 55. The LAT agreed and dismissed the matter. On reconsideration, Executive Chair Linda Lamoureux upheld...

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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