Keyword
LAT
Court dismisses class action against insurers for handling of HST in auto AB claims
July 17, 2020 by David GambrillOntario’s Superior Court has quashed a proposed class action lawsuit against 16 Ontario auto insurers — a dispute related to insurers deducting HST tax from accident benefits paid out to minor auto accident injury victims — because only the LAT…
LAT throws out claim after occupational therapist disparages the insurer
November 26, 2019 by Jason ContantOntario’s Licence Appeal Tribunal (LAT) has ruled in favour of The Co-operators after completely dismissing an occupational therapist’s report that disparaged the insurer and provided opinions outside the scope of medical practice. An auto accident claimant – identified only as…
Should a LAT member be allowed to reconsider their own decision?
February 1, 2019 by Jason ContantNew amendments to rules surrounding the Licence Appeal Tribunal (LAT) in Ontario “have sent a dagger into the heart” of one insurance defence lawyer. Effective Feb. 7, 2019, Rule 18 of the LAT will be amended to allow, among other…
Six insurer examinations “significantly intrusive,” accident benefits tribunal rules
March 20, 2018 by David GambrillSix insurer examinations [IEs] turned out to be three too many, an Ontario tribunal has decided, allowing an accident benefits claimant to go ahead with her hearing despite her refusal to attend the insurer’s three additional IEs. “Three in-person examinations;…
How Ontario tribunal looks at professional attendant care providers
January 31, 2018 by Jason ContantThe Ontario Licence Appeal Tribunal (LAT) seems to have extended the categories of individuals who are found to be professional providers for the purposes of attendant care, Philippa Samworth, partner at Dutton Brock LLP, said on Tuesday. Speaking at the…
Tribunal decision imperils limitation periods in auto claims
January 30, 2018 by Jason ContantThe Insurance Act is just one act to consider among all the other factors when dealing with the two-year limitation period in statutory accident benefits disputes, the Ontario Licence Appeal Tribunal (LAT) has found. “So that’s frightening,” Philippa Samworth, a…
New Ontario financial authority should monitor auto insurers with ‘unusual number’ of LAT appeals: Marshall
April 12, 2017 by Canadian UnderwriterNeither the behaviour of personal injury lawyers nor “excess profits” of insurers are to blame for high auto premiums in Ontario, but the government should consider restricting lawyers’ contingency fees, a special advisor to the provincial government suggested in a…
Court challenge to Ontario auto dispute resolution system ‘scheduled to proceed’ to hearing Feb. 13
November 4, 2016 Greg Meckbach, Associate EditorA constitutional challenge to Ontario’s auto accident benefits dispute resolution system is scheduled for a three-day hearing next February, but the retired judge who recommended that AB disputes go before a public sector administrative tribunal suggested Wednesday that it would…
New Ontario auto dispute resolution system could cause ‘a lot more claims against insurance brokers,’ personal injury lawyer predicts
November 3, 2016 Greg Meckbach, Associate EditorRecent reforms to Ontario auto insurance, including the transfer of accident benefits dispute arbitration to the licence appeal tribunal (LAT), has some personal injury lawyers warning of lawsuits against brokers who fail to advise clients accordingly. “We are trying to…