Final Transition from FSCO to LAT in Accident Benefits Disputes

Statutory accident benefits disputes that were commenced at the Financial Services Commission of Ontario (“FSCO”) will be extinguished on July 1, 2020. This applies to mediations, arbitrations, appeals, and applications for a variation or revocation of an order.

If, on July 1, 2020, an order has yet to be issued in a FSCO arbitration, either party may make a new application to the Licence Appeal Tribunal (“LAT”) on or before December 1, 2020.

If, on July 1, 2020, an order had previously been issued in a FSCO arbitration, but the issue of a special award or costs has not been finally determined, either party may apply to the LAT on or before December 31, 2020 to decide the outstanding issue.

If an order has been issued in a FSCO arbitration, but the order has not been appealed and the time to serve a notice of motion for leave to appeal has not expired, either party may appeal the arbitration order to the Divisional Court in accordance with section 11 of the Licence Appeal Tribunal Act, 1999 as if it were an appeal of a decision of the LAT.

Further, if there is an outstanding FSCO appeal on July 1, 2020, the appellant may appeal to the Divisional Court before December 1, 2020 as if it were an appeal of a decision of the LAT.

The full rules for transitioning from FSCO to the LAT are contained in Ontario Regulation 180/19.

The Province of Ontario’s emergency declaration may affect the deadlines as timelines are currently suspended due to COVID-19.