Flaws have emerged in new LAT

Law Times | by Shannon Kari, quoting Darcy Merkur | November 27, 2017

Law Times logo It has been just more than a year and a half since responsibility for adjudicating accident benefits disputes was transferred to the Licence Appeal Tribunal, which decides on claims and licensing regulations involving a number of provincial ministries. The stated goal by the province in transferring jurisdiction from the Financial Services Commission of Ontario, which … Continued

Mandamin v. Pafco: You cannot SOLELY dispute a CAT denial at the LAT

Posted August 29, 2017

Deanna Gilbert In the decision of Mandamin v. Pafco Insurance Company, released on July 31, 2017, an Arbitrator at the Financial Services Commission of Ontario (“FSCO”) held that the Licence Appeal Tribunal (“LAT”) does not have the jurisdiction under s. 280(1) of the Insurance Act to hear an Arbitration that solely involves a dispute over whether or … Continued

Licence Appeal Tribunal Case Law and Growing Pains

Posted June 14, 2017

judge and gavel 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

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