LAT Tag Archives

K.D. v. Aviva Insurance Company, 2020 ONLAT 18-011646/AABS

Written by Steven Glowinsky / Summaries / June 25, 2020

In the recent decision before the Licence Appeal Tribunal (LAT), K.D. v. Aviva Insurance Company, 2020 ONLAT 18-011646/AABS,Vice Chair Farlam clarified some long-held differences of opinion between insureds and insurers – or affirmed the interpretation of unambiguous statutory legislation, depending on whom you ask – regarding the calculation of a weekly base amount for income replacement benefits payable to self-employed motor vehicle accident victims.

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Rufai v. Unifund, 2020, 18-012427/AABS

Written by Guest Author / Summaries / June 19, 2020

The respondent brought a motion to quash the summons and change the format of the LAT hearing. The tribunal denied the motion to quash the summons and ordered the hearing to proceed in-person with attendance of the adjuster to be examined on the claim of Special Award.

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Applicant v. Co-operators 2020 CanLII 30387

Written by James Page / Summaries / May 29, 2020

Further clarity about limitation periods in CAT cases….

Limitation period starts to run not from the date of CAT designation, but from the date benefits claimed for, based on that designation, are denied.

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S.M. vs. Unica Insurance Inc., 2020 CanLII 12718 (ON LAT)

Written by Irina Rosca / Summaries / April 24, 2020

The bar for special awards at the LAT may have just been lowered in the wake of this recent LAT decision holding “there was a failure on the part of Unica or its agents to ask the relevant questions”…

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17-000835 v. Aviva General Insurance Canada, 2018 CanLII 83520 (ON LAT)

Written by Glen Bushi / Summaries / February 17, 2020

After exhausting the $3,500 monetary limit available under the Minor Injury Guidelines, Aviva denied his claims for further treatment, arguing that the chronic pain that the Applicant developed does not entitle him to any additional benefits beyond the MIG limits.

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Hedley v. Aviva Insurance Company of Canada, 2019 ONSC 5318

Written by Irina Rosca / Summaries / January 10, 2020

Insurers’ mere boilerplate reasons for denying treatment will no longer suffice in light of this Licence Appeal Tribunal (“LAT”) decision, which was upheld on appeal.

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