April 06, 2021
By Alon Barda Background and Legislative Basis for Costs In January 2018, I co-authored a paper that looked at the LAT as it approached two years at that time. The paper outlined that one of the most significant differences from FSCO to the LAT is the costs that may be awarded. At FSCO, the arbitrator […]
December 08, 2020
In L.L.B. v. Intact Insurance Company, 2020 ONLAT 17-003125/AABS, the Licence Appeal Tribunal considered an odd fact situation where a person was assaulted in downtown Toronto. The claimant was working as a crew member of a television production company. Her job was to keep watch over three dedicated parking spaces. A vehicle pulled into one of […]
September 11, 2020
At our weekly meeting, Athina Ionita discussed a decision of the Ontario Licence Appeal Tribunal decision, D.G. v. Co-operators General Insurance Company, 2020 CanLII 61461 (ON LAT). The case considered whether the applicant’s injuries fall outside of the Minor Injury Guideline (MIG). Facts The applicant was rear-ended by a TTC bus at the intersection of […]
September 02, 2020
By Carol-Anne Wyseman A recent decision of the Licence Appeal Tribunal (“LAT”), P.A. v. TD General Insurance Company, 2020 ONLAT 19-001349/AABS, considered an applicant’s entitlement to medical cannabis to treat psychological impairments resulting from a motor vehicle accident involving his family. Facts The applicant’s spouse and children were injured in a motor vehicle accident. The […]
August 19, 2020
By Alon Barda The issue as to what constitutes removal from the Minor Injury Guideline (“MIG”) continues to be one of the most common issues I deal with at the Licence Appeal Tribunal. This is particularly the case when the claim involves an apparent chronic pain diagnosis. The MIG establishes a framework for the treatment […]
August 14, 2020
At our weekly Friday meeting, Angie Bellehumeur discussed a decision of the Licence Appeal Tribunal, R.A. v. Aviva Insurance Company, 2020 ONLAT 19-004208/AABS. The issue in this case was whether a chronic pain assessment costing $2,010 was a reasonable and necessary expense resulting from a motor vehicle accident according to sections 14 and 15 of […]
