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 …

This was a 15-day jury trial in Windsor, Ontario. Lawyers for the plaintiff were Joanna Sweet and Laura Nicola of Greg Monforton and Partners. Lawyers for the defendants were Nicole Rogers and Carolyn McKeen of Aviva Trial Lawyers. The plaintiff was a 44-year-old contractor and property manager who was injured in a motorcycle collision in August, 2019. At the time of trial, he was 51-years-old. The plaintiff …

Full Decision A successful outcome for the applicant demonstrates that the reconsideration process, while a high threshold, can serve as an effective remedy where the original adjudicator commits a clear factual error that is central to the decision. Takeaways The original adjudicator’s misunderstanding that a CT scan could confirm or deny a concussion was the dispositive error on reconsideration. This decision underscores the importance of …

Full Decision This recent decision from the Licence Appeal Tribunal (LAT) offers helpful guidance and encouragement for plaintiffs and counsel pursuing a catastrophic impairment (CAT) designation under Ontario’s statutory accident benefits regime. Background The case concerned Mr. Mayers, who was injured in a motor vehicle collision on January 25, 2021. The central issue before the LAT was whether he met the threshold for CAT under …