• 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
September 30, 2016
/
tgp-admin

D.M. v. RBC General Insurance Company (16-000080)

The claimant sought home modifications in the form of home repairs. The words "modification" and "repair" were not defined in the SABS. Adjudicator Truong ruled that a "repair" can be a "modification" and held that some of the repairs were payable because such repairs were linked the Applicant's safety and were needed to assist the...
Read More
September 13, 2016
/
tgp-admin

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

The insurer brought a motion to dismiss a claim on the basis of the claimant's non-attendance at IEs and due to the overlap with issues previously before FSCO. The IE notices were deemed insufficient; therefore, the insurer's s. 55 defence did not apply. The claimant was not barred from proceeding with the issues that were...
Read More
September 8, 2016
/
tgp-admin

J.H. v. Intact Insurance Company (16-000009)

The claimant sustained a catastrophic impairment and sought mileage expenses for his service providers. Adjudicator Pay held that the SABS did not require the insurer to pay for the mileage expenses of the service providers (the insurer was already paying for the hourly rate of the service providers, which included their transportation time).
Read More
September 1, 2016
/
tgp-admin

K.P. v. Aviva Canada Inc. (16-000046)

The claimant sought medical benefits outside of the MIG. Vice Chair Flude considered the list of injuries the claimant claimed to have sustained in the accident. He held that there was no evidence provided linking the injuries to the accident, or to show that the injuries did not fall under any of the "minor injury"...
Read More
September 1, 2016
/
tgp-admin

A.P. v. Aviva Canada (16-000045)

The claimant sought further IRBs and medical benefits out of the MIG. Vice Chair Flude held that the claimant did not suffer from a pre-existing condition, was not suffering chronic pain syndrome, and could perform the essential tasks of her employment. IRBs were denied and the claimant was restricted to MIG level benefits.
Read More
August 30, 2016
/
tgp-admin

S.S. v. State Farm Mutual Automobile Insurance Company (16-000084)

The claimant sought removal from the MIG, and entitlement to a treatment plan for physical therapy. Adjudicator Theoharis concluded that the claimant had sustained a "minor injury" and did not suffer a pre-existing condition that would prevent him from being treated under the $3,500 limit. The claimed treatment plan was denied.
Read More
August 25, 2016
/
tgp-admin

Applicant v. Motor Vehicle Accident Claims Fund (16-000058)

The claimant failed to attend an IE due to the notice letter being lost between his wife and parents' mail. Adjudicator Marzinotto found NEBs payable for the period the claimant was held in non-compliance because he was credible. Although it would have been reasonable for the claimant to provide an updated address, his failure to...
Read More
August 16, 2016
/
tgp-admin

Applicant v. Intact Insurance Company (16-000041)

This decision addressed whether the LAT had jurisdiction to award costs after all accident benefits in dispute were resolved. Adjudicators Treksler and Richards concluded that the LAT did retain jurisdiction to award costs after the parties had resolved the accident benefits in dispute.
Read More
July 5, 2016
/
tgp-admin

B.C. v. Economical Mutual Insurance Company (16-000024)

The accident occurred while the claimant was operating a motor vehicle with an expired licence. The insurer brought a motion that the claim for IRBs must be dismissed due to the exclusion at section 31. The claimant argued that he was not aware of his licencing having expired. Vice Chair Flude agreed with the insurer...
Read More
June 30, 2016
/
tgp-admin

A.A. v. State Farm (16-000448)

The claimant sought a waiver of the $100 LAT filing fee in accordance with the Administration of Justice Act. The LAT held that the Administration of Justice Act did not apply to Tribunals, and, even if it did, the claimant had not provided a sufficient factual basis for granting a fee waiver.
Read More
June 29, 2016
/
tgp-admin

J.T. v. Echelon General Insurance Company (16-000018)

The insurer's denial of NEBs was dated April 8, 2014. The claimant applied to the LAT on April 8, 2016 to dispute his entitlement to NEBs. The insurer argued that the limitation period expired on April 7, 2016, because the date of denial had to be included in counting the two-year period. Vice Chair Flude...
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