Divisional Court Strikes Appeal of LAT Decision as Premature

In Kahissay v. Intact Insurance, 2022 ONSC 6357, a statutory accident benefits claimant appealed a decision of an adjudicator of the Licence Appeal Tribunal related to attending insurer’s medical examinations.

The Divisional Court issued a notice indicating that the court was considering dismissing the appeal on the basis that it does not have jurisdiction to hear an appeal from an interlocutory order of the Licence Appeal Tribunal.

The appellant stated that there are two lines of authority.  One is that an appeal from an interlocutory decision of the Licence Appeal Tribunal is available in “exceptional circumstances.”  The other is that the Divisional Court has no jurisdiction.

Justice Corbett indicated that cases which decided that the Divisional Court has jurisdiction were wrongly decided.  Those appeals should have been dismissed for lack of jurisdiction.  Therefore, Justice Corbett struck out the Notice of Appeal. 

Justice Corbett granted the appellant’s alternative relief that the appeal be converted to an application for judicial review.  However, Justice Corbett left open the issue of whether the application is premature.

Therefore, appeals from interlocutory orders of the Licence Appeal Tribunal are not permitted.