LAT Tag Archives

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.J. v. Security National Insurance Co., 2021 CarswellOnt 6104

The Applicant was injured on or about May 27, 2016, and sought benefits pursuant to O. Reg. 34/10 effective September 1, 2010. The Respondent, Security National Insurance refused to pay for specific benefits, including an award pursuant to Regulation 664, interest, and costs…

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…