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 […]
August 04, 2020
In C.G. v. Pembridge Insurance Company, 2020 ONLAT 19-010979/AABS, the Licence Appeal Tribunal held that there is a strict time limit to apply for an income replacement benefit (“IRB”). The accident in question occurred on October 31, 2016. The applicant applied for accident benefits on November 8, 2016. On December 1, 2016, the insurer acknowledged receipt […]
July 24, 2020
This morning, at our weekly firm meeting, Matthew Umbrio addressed the Ontario Licence Appeal Tribunal decision of J.A. v. Intact Insurance Company, 2020 ONLAT 19-005110/AABS. The applicant was injured in an automobile accident on April 3, 2016 and sought benefits under the Statutory Accident Benefits Schedule (the “Schedule”). Intact denied the applicant’s claim for two […]
