LAT Tag Archives

Ahmed v. Aviva Insurance Company

In the recent case of Ahmed v. Aviva Insurance Company, Aviva Insurance Company proceeded with a motion to dismiss an application as abandoned, despite previous counsel’s death and the applicant’s personal barriers, and was found by Vice Chair Maedel to have acted in bad faith. In the result, the motion was dismissed and Aviva was ordered to pay costs to the applicant…

Fratarcangeli v. North Blenheim

On June 15, 2021, the Divisional Court released its long-awaited decision on three appeals, which all related to whether the Licence Appeal Tribunal (LAT) has the jurisdiction to extend the two year limitation period for disputing accident benefits claims under the Statutory Accident Benefits Schedule. The LAT had been releasing inconsistent decisions as to whether it had this jurisdiction, and clarity was required from the appeal court…

LAT Stats: Market Share vs. LAT Applications and Decisions

This blog post will compare Ontario automobile insurer market shares against the amount of Licence Appeal Tribunal (LAT) Applications and LAT Decisions. In other words, how are the biggest insurers behaving on automobile insurance claims from their own insureds? Which insurers are denying the most claims? And, which insurers play hardball with their insureds all the way up to a LAT hearing and decision?

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…

A Look Into How an Adjudicator is Trained at the LAT

Guest Author: Laura Dickson, Lamont Law In 2018, the independence of the adjudicators and decision-making process was called into question by the Divisional Court. The Divisional Court in Shuttleworth found that, although some outside influence on reason writing was considered permissible, the Court held that there ought to be an institutional consultation procedure in place to safeguard the independence of the decision-maker. The Ontario Court …

Updated LAT Statistics

OTLA continues to make strategic Freedom of Information requests to the government. As part of these requests, we recently received updated Licence Appeal Tribunal statistics.