June 14, 2023
By Amanda Colarossi Overview In Dahi v. Certas Home and Auto Insurance Company, 2023 CanLII 32797, the applicant was involved in an accident on January 29, 2015 and sought payment of accident benefits from the respondent. The issues in dispute were whether the claimant was catastrophically impaired under Criterion 7, the cost of CAT assessments, […]
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 […]
April 20, 2023
By Jennifer Singh In Syed v. Security National Insurance Company [1], the LAT dismissed the applicant’s application and awarded the respondent, Security National Insurance Company, $2,000.00 in costs. Motions can be a useful tool at the LAT, but with finite resources frivolous motions constitute a hindrance. The awarding of costs at the LAT is rare, […]
March 07, 2023
The decision in Al Khazreji v. RSA Insurance, 2023 ONLAT 21-009559/AABS – PI, involves a determination by the Licence Appeal Tribunal over whether the applicant was involved in an “accident”, as defined in the Statutory Accident Benefits Schedule. Alon Barda of Rogers Partners LLP was counsel for the insurer. The applicant is a taxi driver. He drove a passenger home. […]
February 22, 2023
By Jennifer Singh In Varriano v. Allstate Insurance Company of Canada [1], the Court of Appeal overturned a Divisional Court decision [2] and reinstated the decision of the LAT adjudicator which found that the insurer’s letter denying IRBs complied with the legislative requirements of 37(4) of the SABS, even though it did not provide any […]
January 11, 2023
By Riley Groskopf The License Appeal Tribunal (“LAT”) recently released its reconsideration decision in Iravani-Fard v. Economical Insurance, 2022 CanLII 109480. The decision addresses the consequences of a claimant’s failure to attend insurer examinations, and recognizes the rights granted to insurers by the SABS. Facts at issue The claimant was involved in a motor vehicle […]