10 Things We Learned at The September LAT Stakeholder Meeting

Jennifer Bezaire, Matt Caron and Duncan Macgillivray attended the Licence Appeal Tribunal Stakeholder Consultation Meeting on behalf of OTLA on September 24, 2020.  At the meeting, the LAT provided us with an update on their operations and different stakeholders (OTLA, the IBC, The Advocates Society and the OBA) each presented concerns and potential solutions to help the LAT.

OTLA’s submissions are HERE.

The LAT’s update on their operations provided some helpful insight into their inner workings.  Here’s 10 things we learned:

  1. The LAT has different “Units”. 
    a. CAT and self-represented files go to the Early Resolution Unit which involves increased customer service and potential for settlement conferences. 

    b. All other applications go to the High Volume Unit. 

    c. There is also a Decisions Unit that deals exclusively with editing, formatting and releasing LAT decisions (including case conference orders).

  2. The LAT has recommended to Cabinet that the amount of Adjudicators be increased and has put forward their recommendations for 10 new Adjudicators.

  3. Case Conference Orders and Reports have been combined into one document.

  4. Full case names will be published (instead of initials for the insured).

  5. There is a document naming convention which is available on the LAT website and is to be used for e-filing documents. Click HERE to view. 

  6. Video Conference hearings are now available (through Microsoft Teams)In-person hearings are still available IF (1) a party can establish significant prejudice or (2) a party requires an accommodation (i.e. does not have ability to do video conference).

  7. Starting in November, parties will be able to schedule their own Case Conferences (from a date range provided by the LAT).  The LAT plans to trial this with the CAT files and self-reps first.

  8. The LAT plans to implement a simplified procedure for smaller disputes (similar to our recommendation).  The LAT is in the process of preparing the policy and will share it with the group for comment once prepared. It will enable applicants to elect (and potentially the LAT to order) the Application to proceed directly to the written hearing team.

  9. Revised motions rules and practice directions will be coming out shortly.  The LAT wants to reduce the number of motions.

  10. The IBC is opposed to costs awards and special awards.

It appears that the LAT wants to more regularly engage in stakeholder meetings.  The frequency of the meetings is not known, but, OTLA will continue to push for more meetings.

In the meantime, OTLA has also just received updated Freedom of Information responses about LAT delays and the most frequent insurers involved in LAT disputes. Click HERE to view the updates.

Written by

Duncan is a founding partner of White Macgillivray Lester LLP in Thunder Bay and Lecturer at the Bora Laskin Faculty of Law, Lakehead University, teaching Insurance Law. Duncan has served injury clients all across Northwestern Ontario, from the Manitoba border in the west, to Greenstone in the east and all the way up north to Hudson’s Bay. Duncan is involved in his community, serving on the Board of Directors of the Brain Injury Association of Thunder Bay and Area from 2009 to Present (with 2010 to 2015 as President) and the Board of Directors of Thunder Bay Counselling Centre 2009 to 2015 (with 2011 to 2015 as Board Chair). Duncan is also involved in the legal community, sitting on the Board of Directors of the Ontario Trial Lawyers’ Association since 2015, Thunder Bay Law Association since 2012, and Co-Chairing the Thunder Bay Law Association’s Civil Litigation CLE programs.