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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June 5, 2017

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M.T. v. Optimum Insurance Company (16-002744)

In advance of the scheduled LAT hearing, the insurer sought the production of the complete clinical notes and records from a variety of medical practitioners. Adjudicator Markovits rejected the insurer's motion, reasoning that the Case Conference adjudicator clearly set out the documents that the parties had agreed to exchange prior to the hearing. The newly...

June 5, 2017

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M.S. v. Unifund Assurance Company (16-001849)

The claimant sought entitlement to NEBs and removal from the MIG. Adjudicator Belanger-Hardy denied all claims. First, she held that the claimant failed to adduce sufficient evidence of the details of his pre-accident lifestyle and activities to establish his eligibility to NEBs. Second, the claimant did not adduce sufficient evidence that he sustained a non-minor...

June 5, 2017

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D.C. v. Aviva Insurance Company (16-002272)

The claimant withdrew her LAT application two weeks prior to the scheduled hearing. The insurer sought costs. Adjudicator Bickley rejected the claim for costs, and wrote that simply inconveniencing an opposing party did not amount to vexatious, frivolous, unreasonable, or bad faith behaviour. She also rejected FSCO case law concerning costs.

June 5, 2017

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A.V.de V. v. Intact Insurance Company (16-002061)

The claimant sought an adjournment of the LAT hearing after receipt of insurer addendums occurred two weeks before the hearing. Those addendums were completed late in the process because the claimant had himself served the insurer with s.25 reports just five weeks prior. Vice Chair Flude concluded that an adjournment was warranted to allow a...

June 2, 2017

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

The insurer filed a motion in advance of the LAT hearing seeking an order for unredacted clinical notes and records and OHIP summary. Adjudicator Lester declined to make an order in advance of the hearing and directed the parties to argue the motion before the hearing adjudicator.

June 2, 2017

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

The insurer filed a motion in advance of the LAT hearing seeking an order for unredacted clinical notes and records and OHIP summary. Adjudicator Lester declined to make an order in advance of the hearing and directed the parties to argue the motion before the hearing adjudicator.

May 30, 2017

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D.R. v. Echelon Insurance (16-004276)

The claimant sought an extension of time for submissions to commission an affidavit and psychiatric report. The Tribunal was advised that the claimant's mental health had severely declined. The insurer did not file submissions. Vice Chair Hunter granted the extension.

May 30, 2017

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Applicant v. Waterloo Regional Municipalities Insurance (16-000066)

This reconsideration was requested by the insurer after the claimant's request for reconsideration of a decision was rejected. In this matter, Executive Chair Lamoureux reviewed the purpose of costs at the LAT and the meaning of "frivolous" and "vexatious," and declined the insurer's requests for costs.

May 30, 2017

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Applicant v. Waterloo Regional Municipalities Insurance (16-000066)

This reconsideration was requested by the insurer after the claimant's request for reconsideration of a decision was rejected. In this matter, Executive Chair Lamoureux reviewed the purpose of costs at the LAT and the meaning of "frivolous" and "vexatious," and declined the insurer's requests for costs.

May 29, 2017

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S.L.L. v. Certas Home and Auto Insurance Company (16-000213)

One day before the scheduled hearing, the claimant's counsel notified the LAT and the insurer that the claimant had travelled to China for a family emergency. The hearing was adjourned to a later date, which neither the claimant nor his counsel attended. The insurer sought the dismissal of the claim as abandoned. Adjudicator Gottfried held...

May 29, 2017

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Applicant v. Unica Insurance Inc. (16-000372)

The claimant sought entitlement to attendant care benefits. Her claim was dismissed at a hearing. The claimant applied for reconsideration. It was alleged the Tribunal denied procedural fairness by conducting the original hearing by writing. Executive Chair Linda Lamoureux noted that neither party originally objected to proceeding by way of writing. After reviewing the matter,...

May 26, 2017

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Y.S. v. The Guarantee Company of North America (17-000781)

The claimant failed to participate in the initial LAT Case Conference or the resumed Case Conference. Adjudicator Markovits dismissed the claim over the objections of the claimant's counsel.

May 26, 2017

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Applicant v. Wawanesa Mutual Insurance Company (16-000324)

Following the claimant's success in entitlement to a claimed medical benefit, the insurer sought reconsideration on the basis that the LAT adjudicator should not have admitted late medical documents. Executive Chair Lamoureux held that the Tribunal maintained the discretion to admit any late materials. Further, she wrote that the insurer should have objected to the...

May 26, 2017

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Applicant v. Wawanesa Mutual Insurance Company (16-000324)

Following the claimant's success in entitlement to a claimed medical benefit, the insurer sought reconsideration on the basis that the LAT adjudicator should not have admitted late medical documents. Executive Chair Lamoureux held that the Tribunal maintained the discretion to admit any late materials. Further, she wrote that the insurer should have objected to the...

May 24, 2017

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H.A. v. Unifund Assurance Company (16-002037)

This claim was dismissed by Adjudicator Hines after the claimant failed to make any written submissions or provide any evidence supporting his IRB claim.

May 24, 2017

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Amorouso v. The Co-operators General Insurance Company (17-001327)

The insurer sought direction on the release of a preliminary issue hearing decision as to whether the release would impact a looming hearing. Vice Chair Hunter determined that since the release of the preliminary decision would unlikely be before the hearing, the looming hearing was cancelled and set for rescheduling.

May 23, 2017

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Applicant v. Intact Insurance Company (16-003927)

The claimant had requested an adjournment of a hearing scheduled for July 2017 to be moved to November 2017 to allow the parties to attend a global mediation. The Case Management Officer (CMO) had denied the request. Following the denial, the claimant's counsel also told the LAT that their expert witness would be on vacation...

May 19, 2017

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Applicant v. Aviva Insurance Company (16-000670)

The claimant sought entitlement to non-earner and medical benefits. The insurer asserted a MIG defence. Adjudicator Truong considered the claimant's testimony regarding her pre- and post-MVA life, which included an international flight to Norway and Sweden for approximately 2 weeks. Adjudicator Truong also reviewed surveillance footage and concluded that the claimant did not suffer a...

May 18, 2017

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Applicant v. Allstate Insurance Company (16-002285)

The claimant was catastrophically impaired. An assessment of attendant care needs yielded a monthly rate beyond the statutory maximum. The insurer agreed to pay up to the statutory maximum; however, invoices showed services incurred for less and therefore only the amounts on submitted invoices were paid. The claimant argued that once an economic loss was...

May 15, 2017

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S.S. v. Travellers Insurance Company (16-003555)

The insurer sought costs after the claimant failed to participate in the Case Conference on three occasions. Adjudicator Johal rejected the insurer's arguments, and noted that the changes to the Insurance Act limited the LAT's jurisdiction to award costs in comparison to a FSCO arbitrator's jurisdiction. The adjudicator also wrote that the non-attendance by an...

May 15, 2017

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S.R. v. Aviva Insurance Company of Canada (16-000954)

The claimant withdrew his claim for accident benefits at the Case Conference following revelations that he had not disclosed previous medical issues to IE assessors or during an examination under oath. The insurer sought its costs. Adjudicator Shapiro denied the insurer's requests for costs, given the claimant's limited English skills and cognitive difficulties.

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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