Personal Injury Blog

Accident Benefits (9)

Accident Benefits Updates - Recent Cat Claims Bolster LAT Credibility

As discussed in our last post, there was immense concern that the transition from FSCO to the Licence Appeal Tribunal (LAT) would lead to inconsistent, poorly adjudicated accident benefits decisions. The transition was perceived as a cost-savings measure and, from the perspective of claimants’...

Accident Benefits Update: LAT Clarifies Role of Causation in CAT Applications

In Applicant v TD Insurance, a recent decision of the Licence Appeal Tribunal (LAT), Member Sewrattan had to consider whether an insurer could use causation as grounds for refusing to fund rebuttal assessments requested by the unnamed applicant to determine whether he had suffered a catastrophic...

Accident Benefits Updates- Recent Cat Claims Bolster Lat Credibility, Part 1

One of the greatest areas of concern identified by both sides of the personal injury bar with the transition from FSCO to the Licence Appeal Tribunal (LAT) as arbiter of Accident Benefits disputes under the Statutory Accident Benefits Schedule (SABS) of the Insurance Act was the LAT’s ability to...

M.G. And Primmum Insurance Company

On October 14, 2014, the applicant ("M.G.") attempted to cross the intersection of Keele Street and Sheppard Avenue West in Toronto on foot. As she crossed, a vehicle made an improper right turn, hitting her on her knees and knocking her over. She applied for accident benefits under the Statutory...

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