At our weekly Friday meeting, Katrina Taibi discussed the Licence Appeal Tribunal’s decision in Garvey v. Economical Insurance Company, 2022 CanLII 73099 (ON LAT). Overview The appellant, Ms. Garvey, was injured in a motor vehicle accident on August 23, 2018. She brought a claim for statutory accident benefits pursuant to the Statutory Accident Benefits Schedule […]
By Annie Levanaj The Court of Appeal’s decision in Yatar v. TD Insurance Meloche Monnex, 2022 ONCA 446, provides guidance on how judicial review should be dealt with when a statutory right to appeal also exists. It also reinforces the importance of limitation periods and ensuring claims are commenced in a timely matter in the […]
In Namin v. Allstate Insurance Company of Canada, 2022 CanLII 70251 (ON LAT), Vice-Chair Maedel of the Licence Appeal Tribunal held that an incident wherein the applicant slipped and fell on snow and ice after exiting her vehicle was not an “accident” under the Statutory Accident Benefits Schedule. The description of the incident is as […]
By Amanda Colarossi Overview Section 44 of the Statutory Accident Benefits Schedule (“SABS”) outlines the requirements of an insurer when scheduling an insurer examination (“IE”). The Licence Appeal Tribunal (“Tribunal”) can, on a motion, create remedies for any breaches of s.44. This was the situation in Waring v. Aviva General Insurance Company, 2022 CanLII 59513. […]
An article by Athina Ionita on the exclusive jurisdiction of the Licence Appeal Tribunal over statutory accident benefits disputes has been published in Ontario Accident Benefit Case Summaries, a LexisNexis publication. The article can be found here.
In Grewal v. Peel Mutual Insurance Company, 2022 ONSC 4082, the Divisional Court confirmed that an appeal in a regulatory proceeding, such as a matter before the Licence Appeal Tribunal, must wait until there is a final determination of the claim. The matter in issue involved a statutory accident benefits dispute. The claimant sought to […]