Skip to the content
  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases
  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases

LAT Case Law Summaries

Commercial/Tort Case Law Summaries

Back To All Case Summaries
Back To All Case Summaries

Adams v. Federated Insurance Company of Canada (20-009293)

  • May 9, 2022

The claimant applied to the LAT seeking CAT determination as a result of a traumatic brain injury (Category 4). The parties agreed that the claimant met the criterion under s. 3.1(1)4.i of the SABS. The parties disagreed as to whether she also met the necessary criterion under s. 3.1(1)4.ii. Vice-Chair Lester found that the claimant’s assessors took an overly specific view of the GOSE questionnaire and answered each question contemplating every intricate detail concerning the claimant. Vice-Chair Lester agreed with the insurer’s assessors, who took a more generalized approach to the GOSE questionnaire and answered the questions with a view that the claimant’s actions did not need to be completed perfectly and focused on whether the claimant was capable of completing the listed tasks and was capable of reacting appropriately when errors were made. Vice-Chair Lester further found that the GOSE questionnaire must be completed by a physician or neuropsychologist. The claimant did not meet the definition for catastrophic impairment under the SABS.

Full decision here

TGP Analysis

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vestibulum placerat ex vitae dui dignissim, in iaculis tellus venenatis. Nam aliquet mauris eros. Mauris vitae justo sit amet nisi dictum euismod in sed nisl. Donec blandit, justo eu pellentesque sodales, eros urna dignissim tortor, non imperdiet enim massa ut orci. Pellentesque id lacus viverra, consectetur neque ac, congue lorem.

PrevPrevious Case
Next CaseNext
  • FILED UNDER Catastrophic Impairment
SHARE

Contact Us

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

416.507.1800

416.507.1850

eodonnell@tgplawyers.com

  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
  • Careers

Contact Us

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

416.507.1800

416.507.1850

eodonnell@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP Disclaimer | Privacy Policy | Statement of Principles

Powered by Crow & Pitcher

Contact Us

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

416.507.1800

416.507.1850

eodonnell@tgplawyers.com