Keyword
LAT
Why this address misrepresentation ruling was set aside
September 27, 2023 by Jason ContantOntario’s Licence Appeal Tribunal (LAT) erred in law when ruling it had to rely solely on the Statutory Accident Benefits Schedule (SABS) and had no jurisdiction to award equitable remedies under the Insurance Act, a provincial court has found. In…
Where the burden of proof lies in accident claim adjudications
August 28, 2023 Philip PoradoAn applicant who was able to prove on a balance of probabilities that she should be removed from the minor injury guideline (MIG) because of a psychological impairment is entitled to additional accident benefits, Ontario Licence Appeal Tribunal adjudicator Nick…
Why AB claim doesn’t clear minor injury guideline hurdle
August 15, 2023 Philip PoradoAn applicant who failed to demonstrate her injuries weren’t minor cannot receive benefits beyond the minor injury guideline (MIG), an adjudicator determined in an Aug. 14 Licence Appeal Tribunal (LAT) decision (Reid v. Aviva General Insurance, 2023 ONLAT 20-015102/AABS – A). The MIG…
What Licence Appeal Tribunal changes mean for insurers
October 25, 2022 by Alyssa DiSabatinoRecent changes to the Licence Appeal Tribunal (LAT) process are intended to clear the tribunal’s own backlog, but they have complicated the Automobile Accident Benefits Service (AABS) process, which has in turn created “unfair” costs for insurers, says an prominent…
Why Intact didn’t have to pay $10K for a claimant’s proposed medical report
May 17, 2021 by David GambrillOntario’s Licence Appeal Tribunal (LAT) has ruled that Intact Insurance is not obligated to fund a claimant’s $10,200 multidisciplinary report, the purpose of which was to dispute Intact’s decision to cease income replacement benefits after a 104-week period of entitlement.…
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…