Judicial Review is not a Vehicle to Sidestep the Ontario Legislature’s Intent to Limit Court Interference with Accident Benefits Disputes
Procedural Issues involving Expert Witnesses – Excluding, Deemed Undertaking Rule and Scope of Expertise: Crecoukias v Toronto Transit Commission by Julia Cohen
The LAT Exercises Its Discretion to Allow a Claim for IRB to Proceed Despite Applicant’s Failure to Attend IE and Provides Guidance on Sufficient Reasons for a Post-104 Week IRB Focused IE
Gilani v. Travelers Insurance Company of Canada, 2022 ONLAT 19- 009248/AABS: The LAT Has Exclusive Jurisdiction Except When it has None by Selina Ferenac
Warren v Licence Appeal Tribunal, 2022 ONSC 3741: LAT Processes Do Not Create Procedural Unfairness by Julia Cohen
Ontario Court of Appeal Provides Direction for Accident Benefits Appeals Process: Judicial Review or Appeal?
GOS-E Is Not an Automatic Admission into CAT Funding: Adams v. Federated Insurance Company of Canada, 2022 ONLAT 20-009293/AABS by Karina Dziuba
There Will Be No Re-Litigating Issues at the LAT
Specified Benefits are Not Payable Prior to the Submitting of an OCF-3, No Matter the Excuse
LAT Finds CAT Designation Restricted to those Persons Directly Involved in an Accident under Pre-June, 2016 SABS.
First Responders are Not Entitled to Accident Benefits for Psychological Trauma suffered as a result of responding to an accident: Travis v Aviva Insurance Company, 2021 CanLii 120883 (ONLAT)
Reconsideration by the LAT reverses earlier decision and finds CERB not akin to EI and not deductible from IRB
Home Acquisition Costs are Not a Benefit under the SABS
Does the LAT Have Jurisdiction to Grant Interim Benefits to Insured Persons? The LAT says it does NOT
How Technical does a Review of Reasons for Denial have to be? Not So Much
LAT finds CERB to be akin to EI and Therefore Deductible from IRBs: Update – Decision Overturned
Important Two Part Evidentiary Requirement Exists Before an Expense is Deemed Incurred Under S3(8) of the SABS
It’s all Relative – Were They Really Involved in the Accident? by Kimberly To
Tipping v. Coseco Insurance Company: Peripheral Issues in an Accident Benefits Claim
LAT Rejects Applicant’s Argument of Deficient Section 44 IE Notices, bars Application from Proceeding
The Divisional Court Provides Guidance on Jurisdiction, Standard of Review, Calculation of Attendant Care Benefits, and Criteria for Special Awards
