November 15, 2021
By Kayley Richardson In Sterling v. Heartland Farm Mutual Inc., 2021 ONLAT 20-000672/AABS-R,[1] Adjudicator Boyce dismissed the insurer’s request for reconsideration and upheld his preliminary issue decision that the applicant was involved in an “accident” pursuant to the Statutory Accident Benefits Schedule O. Reg. 34/10 (the “SABS”). Background On February 13, 2019, the applicant lifted […]
November 02, 2021
By Jennifer Singh In Sidiura v Aviva General Insurance, 2021 CanLII 100863, the Licence Appeal Tribunal (“LAT”) found that the Applicant was not entitled to income replacement benefits, a treatment plan for physiotherapy or an award for interest. The Applicant sought to have the Tribunal’s decision reconsidered on the basis that the Tribunal erred when […]
November 01, 2021
The decision in Mirzaie v. Wawanesa Mutual Insurance Company, 2021 ONLAT 19-009605/AABS, involves a statutory accident benefits claim in which the claimant sought a rehabilitation benefit for a new house at a cost of close to $1.3 million. The claimant sustained significant injuries in a motor vehicle accident. At the time of the accident, he was living […]
October 26, 2021
In administrative tribunal matters, a party generally cannot appeal a preliminary issue when there are other issues to be determined. This principle was noted in the recent decision of the Divisional Court in Millar v. The Cooperators General Insurance Company, 2021 ONSC 6643. The claimant was involved in a motor vehicle accident and sought statutory accident […]
October 18, 2021
By Kayley Richardson Under the Statutory Accident Benefits Schedule O. Reg. 34/10 (the “SABS”), if a person is employed at the time of the accident and suffers a substantial inability to perform the essential tasks of their employment, they are entitled to receive income replacement benefits (“IRBs”). Once it has been determined that a claimant […]
August 24, 2021
By Alon Barda There has been much confusion regarding the applicability of s.7 of the Licence Appeal Tribunal Act[1] (the “LAT Act”) in recent years. This was finally put to rest with the recent Divisional Court decision of Fratarcangeli v. North Blenheim Mutual Insurance Company[2]wherein it was held that the Licence Appeal Tribunal (the “LAT”) […]
