Is it permissible for a LAT adjudicator to hear reconsideration requests after completing the original assessment?
CAT Tag Archives
Thiruchelvam v. RBC General Insurance Company, 2022 ONSC 554
In this case, the Divisional Court has weighed in on the applicability of the material contribution test for causation in the context of the Statutory Accident Benefits Schedule…
Tipping v. Coseco Insurance Company, 2021 ONSC 5295 (Div. Ct.)
In this case, the Applicant sought judicial review of a Licence Appeal Tribunal decision and reconsideration barring him from proceeding with an appeal to the LAT due to his failure to attend insurer examinations for catastrophic impairment. The issue before the Divisional Court was whether the Applicant could proceed to judicial review given he had not exhausted his right to appeal…
A.K. v. Allstate Insurance, 2020 CanLII 14418 (ON LAT)
In this case, the Applicant was the seat-belted driver of a vehicle that struck a median, spun out of control, struck another vehicle and came to rest after hitting the guardrail in July, 2010. The Applicant submitted an application for catastrophic determination, which was denied by the insurer…
Henry v. Zaitlen, 2021 ONSC 456
The Ontario Superior Court in Toronto recently dismissed the defendant’s motion to strike the jury notice in Henry v. Zaitlen 2021 ONSC 456, days after the Ontario Court of Appeal’s decision in Louis v. Poitras, 2021 ONCA 49…
Z.K. v. Allstate Insurance Company Canada, 2020 CanLII 106429 (ON LAT)
In this case that went before the Licence Appeal Tribunal (“LAT”) following a seven-day hearing held in-person over the months of October and December 2019, the LAT determined that the Applicant had sustained a Catastrophic Impairment as a result of his motor vehicle accident of June 6, 2014…