Licence Appeal Tribunal Case Law and Growing Pains

Posted June 14, 207

Stephen Birman, best personal injury lawyer The Licence Appeal Tribunal (“LAT”) began hearing accident benefits disputes on June 1, 2016. Since June 1, 2016, there have been approximately 100 decisions rendered by LAT adjudicators. In this article, I review a few of the important cases to date and the principles emerging from them. The overriding theme from the claims decided to … Continued

Claiming Economic Loss for Lost Opportunity

Posted June 9, 2017

Stacey Stevens, best personal injury lawyer Toronto In Tierney, Arbitrator Robinson was asked to consider whether Jocelyne Wilson met the definition of incurred pursuant to subsection 3(7)(e)(iii)B of the SABS by accepting a co-op position that paid less than one she believed she may have gotten but for the collision. If so, Mrs. Wilson was entitled to be paid $155,000 in attendant … Continued

CPP not “a policy of insurance” per OPCF-44R

Posted June 8, 2017

Deanna Gilbert, personal injury lawyer Toronto The Supreme Court of Canada has concluded that CPP disability benefits are not “a policy of insurance” for purposes of deductibility in family protection endorsements. In automobile insurance, there are a number of forms of payments and benefits that injured victims may receive as a result of their injuries. In some cases, those payments or … Continued

Expert Evidence and Diagnosis Not Required to Prove Damages for Mental Illness

Posted June 5, 2017

Deanna Gilbert, personal injury lawyer Toronto The Supreme Court of Canada released a landmark decision on June 2, 2017, in the matter of Saadati v. Moorhead. In short, the Court held that Plaintiffs claiming damages arising from a mental or psychological illness are not required to adduce expert psychiatric evidence to receive compensation for their damages, nor must they have been … Continued

Tort Defendants Responsible for Accident Benefit Arbitration Costs

The Lawyer's Daily | by Darcy Merkur | May 15, 2017

Darcy Merkur, best personal injury lawyer Toronto Access to justice is being denied for injured Ontario motorists as a result of the mandated use of the Licence Appeal Tribunal (LAT) as the exclusive means to resolve all accident benefit disputes given that the LAT does not allow a claimant to recover any dispute costs. But, thankfully, the courts have found a back-door … Continued