Full Decision Background In Warren v. Canaccord Genuity Corp., which was a wrongful dismissal action, the Ontario Superior Court of Justice awarded the plaintiff more than $2.5 million in damages. Significantly, the court awarded the plaintiff damages for his bonus over his notice period of 21 months using the “comparator approach” rather than the average of his bonuses over the last three years of his employment. …

Full Decision The recent decision in Ranjan from the Licence Appeal Tribunal (LAT) is not only a victory for the applicant but also demonstrates that an insured can be found catastrophically impaired (CAT) when they suffer from psychological injuries and not just physical injuries. The applicant was in a motor vehicle collision on December 31, 2021, and sought benefits pursuant to the Statutory Accident Benefits …

Full Decision LAT Rules Social Worker Entitled to Higher Hourly Rate for CBT Services A recent decision from the Licence Appeal Tribunal (LAT) reminds insurers that dismissing a treatment provider’s qualifications without reviewing the full clinical record can be a costly oversight. Background Christine De Angelis was injured in a motor vehicle collision on May 12, 2022. Her treating provider, Elizabeth Waisberg — a social …

Full Decision In Brewer v. Definity Insurance Company, the Licence Appeal Tribunal (LAT) awarded several denied treatment plans and pre-104 and post-104 income replacement benefits (IRBs) to the applicant, a 60-year-old construction site supervisor. The decision is a useful reminder that strong lay witness evidence from employers and family physicians are likely to be weighted heavily in the LAT’s assessment of credibility, function and employability. In contrast, …

Full Decision The Licence Appeal Tribunal (LAT) determined that a Boomer Beast 2 D Deluxe is an “automobile” in ordinary parlance rendering the incident an “accident” under s.3(1) of the Statutory Accident Benefits Schedule (SABS). In this case, the applicant was involved in an accident in August of 2023, while operating a Boomer Beast 2 D Deluxe (the “Boomer Beast”) electric three-wheel vehicle. The vehicle …

Full Decision Background This action arose from a 2015 motor vehicle collision that occurred on a narrow, unpaved rural road in Renfrew County in which the plaintiff, Emmett Recoskie, sustained severe injuries. The two vehicles involved were one driven by Jackson Vandenheuvel (carrying Recoskie as a passenger) and a vehicle driven by John Prince. Prince had been travelling east at the same time the Vandeheuvel …