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.

November 2, 2017

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Applicant v. Aviva Insurance (17-004068)

The claimant sought production of the entire file from the insurer's IE assessors based on notations in the reports referring to drafts. The insurer did not object to production of the file from the IE assessors. Adjudicator Makhamra ordered the IE assessors to produce their entire files including all draft reports.

November 1, 2017

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H. A-R v. Aviva Insurance (16-003039)

The claimant sought accident benefits, however, withdrew the claim the day before a case conference. As a result, the insurer sought costs. Adjudicator Robert Watt held that the insurer did not establish the claimant acted in an unreasonable, vexatious, frivolous, or bad faith manner, during the proceedings. The withdrawal of the claim, though inconvenient, does...

October 31, 2017

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A.P. v. Coseco Insurance Company (16-004363)

The catastrophically-impaired claimant sought payment of attendant care benefits based on service provided by his mother. The mother had training as a PSW but was not employed at the time of the accident. The dispute concerned whether the mother qualified as a professional service provider under the "incurred expense" definition. Adjudicator Truong concluded that the...

October 30, 2017

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D.G. v. Allstate Insurance Company of Canada (17-001641)

The claimant sought entitlement to one treatment plan for physiotherapy services. The respondent relied upon the orthopaedic IE report of Dr. Yousif, in which he concluded that the claimant did not require further treatment. The claimant provided only two documents with his written submissions: the Motor Vehicle Accident Report prepared by the police and the...

October 27, 2017

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P.L. v. Aviva Insurance Canada (17-002907)

The insurer sought to admit two late IE reports at a hearing. Adjudicator Bickley granted the request without opposition from the claimant, and noted that if the IEs had proceeded when originally scheduled, the insurer would have had the IEs in advance of the deadline set by the Tribunal for exchange of documents.

October 27, 2017

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M.R. v. State Farm Mutual Automobile Insurance Company (16-003757)

The claimant sought entitlement to post-104 week IRBs. Adjudicator Paluch denied the claim. He noted that neither the claimant's expert nor the family physician had provided an opinion on the post-104 week "complete inability" test, and that the insurer's experts provided reasonable alternative vocations the claimant could engage in.

October 27, 2017

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J.P. v. Nordique Insurance (17-000638)

Two weeks prior to a scheduled hearing, the insurer accepted that the claimant had sustained a catastrophic impairment. The claimant sought costs. Adjudicator Paluch held that costs were not appropriate in the circumstances, and that the insurer had acted reasonably in initially relying upon the opinions of its medical assessors.

October 27, 2017

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G.C. v. Wawanesa Mutual Insurance Company (17-001855)

The claimant sought removal from the MIG and entitlement to two medical benefits. Adjudicator Truong held that the claimant had failed to demonstrate that he sustained a non-minor injury in the accident. She was particularly critical of the claimant's failure to submit specific evidence in support of his claim.

October 26, 2017

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Applicant v. Aviva Insurance (17-000760)

The non-MIG claimant sought entitlement to various medical benefits and examinations. Adjudicator Maedel rejected all of the claims. He accepted the opinions of the insurer's assessors over the claimant's assessors due to the specificity of testing and multiple examinations of the claimant. He also wrote that the claimant's submissions often lacked specific evidence in support...

October 25, 2017

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D.N. v. Aviva Insurance (17-004104)

The claimant failed to provide records as ordered by the Case Conference adjudicator, and submitted his written materials 15 days late. The insurer sought to have the claim dismissed and requested costs. Adjudicator Paluch held that the dismissal of a claim should only occur with utmost caution in unusual circumstances. However, he was prepared to...

October 24, 2017

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Applicant v. Aviva Insurance (17-001023)

The claimant sought entitlement to IRBs and various medical benefits. Adjudicator Sewrattan held that the claimant did not suffer a substantial inability to engage in his pre-accident work (he admitted to being able to drive, which was a major component of his job). He also held that the claimant was not entitled to proposed assessment...

October 24, 2017

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Applicant v. Allstate Insurance Company of Canada (17-003121)

The claimant sought an summons for the claims adjustor and the manager of the claims adjustor to attend a hearing. The claims adjustor was listed on the Case Conference Order as a witness; the manager was not. Adjudicator Paluch held that the claimant had not complied with Rule 8.2 regarding the request for a summons...

October 20, 2017

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H.A.-R. v. Aviva Insurance (16-003039)

The claimant brought an application before the LAT. One year following the case conference, the claimant withdrew the claim. The insurer sought its costs. Adjudicator Robert Watt reviewed Rule 19.1 and determined that withdrawing an application on the eve of a hearing did not constitute unreasonable, frivolous, vexations, or bad faith behaviour to warrant an...

October 19, 2017

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S.V. v. Aviva Insurance Company (17-002973)

The claimant sought an adjournment after two case conferences. The insurer requested a dismissal. Adjudicator Cezary Paluch noted that the claimant was effectively seeking an extension in timelines for submissions and should have properly brought documentation under Rule 15, than seeking an adjournment. Moreover, although the submissions of the claimant were late, Adjudicator Paluch ruled...

October 19, 2017

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I.C. v. Intact Insurance Company (16-003163)

The claimant sought entitlement to medical benefits. The insurer asserted an accident had not occurred under the definition in the SABS. The incident giving rise to the application involved the claimant car surfing on the rear of a motor vehicle. When the vehicle took a sharp turn, the claimant fell and suffered a severe head...

October 19, 2017

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G.R. v. Aviva Insurance Canada (17-001146)

The claimant sought entitlement to a number of medical treatment plans. On review of the medical evidence, Adjudicator Chris Sewrattan determined that the claimant suffered from both physical and psychological impairments, and that a choice was available with respect to the modality of treatment to reduce pain. Pain relief and increasing strength were considered reasonable...

October 19, 2017

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Applicant v. Aviva Insurance Canada (17-001088)

The claimant sought entitlement to two treatment plans. The insurer arranged two IEs, but the claimant did not attend. The insurer raised a preliminary issue, asserting the claimant was not compliant with an IE and therefore barred from bringing a claim before the LAT. Adjudicator Avvy Go reviewed the notice sent to the claimant and...

October 18, 2017

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D.A. v. The Personal Insurance Company (17-001941)

The claimant sought a determination that his impairments were outside of the MIG and entitlement to various medical benefits and costs of examinations. As a preliminary issue, the claimant requested to know the number of reports that each of the IE assessors had provided to the respondent for the last three years and the cost...

October 18, 2017

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S.C. v. Aviva Canada Inc. (17-001537)

The claimant sought entitlement to a number of medical treatment plans. The insurer denied the plans based on a MIG designation and scheduled IEs. The claimant failed to attend and instead brought an application for arbitration. The insurer brought a motion to preclude the claims given the claimant's non-attendance at IEs pursuant to section 55....

October 18, 2017

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Applicant v. State Farm Insurance Company (16-003195)

The claimant sought entitlement to non-earner benefits. The insurer asserted the claimant did not suffer a complete inability to carry on a normal life. Adjudicator Cezary Paluch, on review of the medical evidence, as well as testimony from the claimant, determined that the claimant met the disability test for non-earner benefits. In doing so, the...

October 18, 2017

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Applicant v. Pafco Insurance (16-003683)

The claimant sought entitlement to income replacement benefits. The insurer denied the benefit based on a number of IE reports. It was noted that the insurer continued to pay IRBs beyond the denial letter. The insurer admitted the payments were due to inadvertence and sought repayment. Adjudicator Robert Watt reviewed the medical evidence and concluded...

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Toronto, Ontario M5H 3S5

416.507.1850

eodonnell@tgplawyers.com

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

416.507.1850

eodonnell@tgplawyers.com