May 05, 2023
At our weekly meeting, Nasra Esak discussed the recent decision of the License Appeal Tribunal (LAT), Amalathasan v. Certas Home and Auto Insurance Company, 2023 CanLII 17707 (ON LAT). In this decision, the Tribunal addressed the circumstances it can consider re-litigated issues and the application of the res judicata doctrine. Background The applicant was involved […]
November 23, 2022
By Erin Crochetière In National Organized Workers Union v. Sinai Health System, 2022 ONCA 802, the Court of Appeal considered the jurisdiction of the Superior Court in the context of a labour arbitration. In the underlying labour arbitration, the Appellant, the National Organized Workers Union, disputed the Respondent hospitals’ mandatory COVID-19 vaccination policy. The Appeal […]
March 09, 2022
By Athina Ionita The Court of Appeal in Yang v. Co-operators General Insurance Company, 2022 ONCA 178,confirmed the exclusive jurisdiction of the License Appeal Tribunal (LAT) over disputes concerning Statutory Accident Benefits (SABs). The decision underlying the appeal concerned a motor vehicle accident, where the plaintiff claimed damages in the amount of $150 million.[1] Specifically, […]
December 16, 2021
Tribunals Ontario recently launched the Tribunals Ontario Portal, which is a new case management system designed to streamline the dispute resolution process. Applications can be filed online and documents can be exchanged with other parties through the portal. Scheduling will also be done online. Currently, only the Landlord and Tenant Board is using the portal. […]
October 26, 2021
In administrative tribunal matters, a party generally cannot appeal a preliminary issue when there are other issues to be determined. This principle was noted in the recent decision of the Divisional Court in Millar v. The Cooperators General Insurance Company, 2021 ONSC 6643. The claimant was involved in a motor vehicle accident and sought statutory accident […]
December 27, 2019
Last week, the Supreme Court of Canada released a landmark decision which outlines a new test for the standard of review of decisions made by administrative bodies and tribunals. Brian Sunohara has written an article called “Standard of Review of Administrative Decisions: How the Supreme Court’s New Decision Applies in Ontario“. The article contains highlights of […]
