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.
The claimant was a fetus at the time of the accident. The mother was 6 months pregnant at the time. After the MVA, the mother gave birth 2 months premature. 3 weeks after birth the claimant was discharged from the hospital; however, following the discharge she experienced difficulty swallowing and encountered choking episodes. As a...
The claimant sought entitlement to medical treatment plans. The claimant asserted a chronic pain diagnosis to justify the treatment plans. The insurer asserted that the chronic pain diagnosis was as a result of a pre-existing injury and not the MVA. Adjudicator Derek Grant ruled that although "but for" is the default test for causation, "material...
The claimant sought entitlement to ongoing IRBs. Adjudicator Sewrattan applied a three-part test: (1) Was the claimant employed at the time of the accident, (2) Causation; did the claimant sustain an impairment preventing him/her from returning to work, and (3) Does the claimant suffer a substantial inability to perform the essential tasks of his/her employment,...
The claimant sought entitlement to ongoing IRBs. Adjudicator Sewrattan applied a three-part test: (1) Was the claimant employed at the time of the accident, (2) Causation; did the claimant sustain an impairment preventing him/her from returning to work, and (3) Does the claimant suffer a substantial inability to perform the essential tasks of his/her employment,...
The claimant sought to combine the hearing of his case with the hearing of another applicant's claim, as both claims arose from the same accident. The insurer opposed combining the files. Adjudicator Trojek denied the request to combine the hearings, reasoning that the claims dealt with two different claims by two difference people. Each claim...
The accident involved two people, each with claims. The insurer requested that the matter be combined. The claimants did not consent. The two hearings shared only one common witness. Vice Chair Trojek denied the request for the combination of hearings. Under Rule 20.5 Vice Chair Trojek did not find any value in terms of "fairness,...
The claimant sought removal from the MIG and entitlement to a series of treatment plans. Adjudicator Flude concluded that the applicant had suffered a predominantly minor injury. A post-accident MRI identified degenerative changes and nerve root compression. The applicant argued that the condition was pre-existing and entitled him to removal from the MIG. Adjudicator Flude...
The LAT was asked to consider the effect of a WSIAT decision finding that the applicant could pursue a claim under the WSIA. The applicant filed at LAT and argued that the insurer had to pay benefits notwithstanding the WSIAT decision, arguing that he had made an election to receive accident benefits. Adjudicator Grant held...
This was a reconsideration request by the insurer following a decision that the claimant sustained psychological injuries that fell outside of the MIG. Executive Chair Lamoureux held that the adjudicator had weighed all of the evidence and made clear findings. There was therefore no basis to overturn the initial decision.
The claimant sought entitlement to non-earner benefits as well as a number of treatment plans. The insurer took a MIG position and also noted that the initial OCF-3 did not support an NEB claim. Although a subsequent disability certificate was submitted supporting NEBs, no further medical evidence was provided. On review, Adjudicator Pay concluded that...
The claimant sought entitlement to income replacement benefits along with two treatment plans, costs, and a special award. Adjudicator Bass reviewed the medical evidence, along with surveillance submitted by the insurer. It was found that the claimant's reports were "overly pessimistic in light of the surveillance evidence from only a few months later." As a...
The claimant was a pedestrian knockdown in Ontario. She applied for and received accident benefits, including IRBs, under Quebec's Quebec Societe de l'assurance automobile. Her IRBs were terminated 11 months post-accident and she did not appeal the decision. She then applied for IRBs in Ontario. The insurer paid IRBs and terminated benefits up to and...
The claimant sought entitlement to eight treatment plans. The insurer maintained a MIG position. Adjudicator Makhamra found the claimant failed to meet the burden of proof to warrant removal from the MIG. The claimant holds the onus to prove removal from the MIG is justified. In doing so, Adjudicator Makhamra distilled the analysis to three...
The claimant sought entitlement to income replacement benefits and an orthopaedic assessment. The insurer paid IRBs for four months and terminated them after a number of IE reports. The orthopaedic assessment was denied based on a MIG position. As a preliminary issue, the insurer sought to add the claimant's LinkedIn page to show the claimant...
The claimant sought an order for IRBs in the amount of $280 per week. Adjudicator An concluded that the claimant suffered a substantial inability to engage in the essential tasks of her employment up to the date of her return to work.
The claimant sought entitlement to two chiropractic treatment plans and removal from the MIG. Adjudicator Makhamra concluded the claimant's injuries fell within the MIG and therefore the treatment plans were not payable. The claimant did not submit medical evidence in support of the non-MIG injuries. It was noted that the pre-existing medical condition to warrant...
The claimant sought costs in the amount of $1,000 for the insurer's failure to produce documents in accordance with the Case Conference Order. Adjudicator Lester awarded costs of $250, reasoning that the insurer had been disrespectful of the Tribunal's process.
The claimant had sustained a catastrophic impairment and sought entitlement to rehabilitation benefits funding a trip to Florida and Disney World. Adjudicator Lester held that the proposed treatment did not fall within the scope of activities set out in section 16 of the SABS, and dismissed the claim.
The claimant sought costs in the amount of $1,000 for the insurer's failure to produce documents in accordance with the Case Conference Order. Adjudicator Lester awarded costs of $250, reasoning that the insurer had been disrespectful of the Tribunal's process.
The claimant submitted an accounting report in respect of an IRB quantum. The insurer paid $2,500.00 per section 7(5) of the SABS. The claimant sought a further amount for HST. Adjudicator Sewrattan dismissed the claim for outstanding HST. The adjudicator also dismissed the claim for costs made by the insurer, stating that cost awards are...