by Lisa Armstrong | Dec 18, 2025 | Accident Benefits
Divisional Court finds weekly benefits payable before submission of the disability certificate with reasonable explanation. In a significant decision, the Ontario Divisional Court has allowed the appeal of Summer Clouthier, a claimant who was struck by a car while...
by Suzanne Armstrong | Nov 2, 2025 | Accident Benefits
The Licence Appeal Tribunal (“LAT”) released a steady stream of decisions addressing catastrophic impairment claims under Criterion 8, which concerns mental or behavioural disorders under the Statutory Accident Benefits Schedule1. A review of decisions for the period...
by Julianne Brimfield | Sep 24, 2025 | Accident Benefits
In 2023, the Divisional Court released a decision stating that the post-104 IRB test does not include employment in a competitive, real-world setting, nor does it include any test that suitable employment should be comparable in terms of status and wages. For a...
by Shalini Thomas | Aug 7, 2025 | Accident Benefits
Just last week, the Divisional Court issued a ruling that the LAT has authority to grant relief from forfeiture pursuant to s. 129 of the Insurance Act (“the Act”). Previously, in disputes where an equitable remedy was pled, the LAT typically found it did not have the...
by Ethan Edwards | Apr 24, 2025 | Accident Benefits
Decision: CanLII – AIG Insurance Company v. Riddell, 2025 ONSC 1979 In AIG v. Riddell, the Divisional Court reviewed an order by the LAT that denied an adjournment in a complex catastrophic impairment case stemming from the 2018 Toronto van attack. The LAT scheduled a...
by Julianne Brimfield | Apr 21, 2025 | Accident Benefits, Priority Dispute
The Statutory Accident Benefits Schedule and O. Reg. 283/95 require that an insurer promptly provide an application for accident benefits (OCF-1) and other relevant forms to a person once the insurer is advised of an intention to apply for accident benefits. O. Reg....
