In a recent decision, the Licence Appeal Tribunal (the “LAT”) held that the applicant’s concussion removed him from the Minor Injury Guideline (the “MIG”) despite the effective resolution of his concussion symptoms.
Robinson v. AIG Insurance involves an appeal and judicial review before the Divisional Court, regarding a decision made by the Licence Appeal Tribunal (LAT).
The Licence Appeal Tribunal (LAT) decision of Derenzis v. Gore Mutual Insurance Company, September 18, 2023 (unreported) raises the question of whether the Tribunal has jurisdiction to grant a civil remedy, in particular injunctive relief, and whether adjudicative privilege and deliberative secrecy attach to certain documents internally produced at the LAT. Applicant’s counsel filed affidavit evidence of a whistle blower from the LAT that addressed institutional issues of alleged bias and adjudicative interference.
Here’s what I said on a previous LAT stat blog:
“Not surprising, the LAT is not getting any faster. And, even more not surprising, the same insurers are still creating a lot of LAT disputes.”
That is still true.
As usual, here are some quick “take aways” before the actual stats:
In this decision, the Divisional Court overturned the decision of the Licence Appeal Tribunal (LAT) and held that the Court of Appeal for Ontario’s decision
In this recent appeal of a LAT reconsideration, the Divisional Court confirmed an AB insurer cannot require a section 44 medical examination to determine eligibility for prescription medication claims.
