By Kathleen O’Hara and Heather Lindsay In the recent Motion Order of LAT File No. 18-011887/AABS, the LAT concluded that an insurer can resist the unilateral withdrawal of a LAT Application when it included a live issue in the proceeding that has yet to be decided....
The Ontario Court of Appeal has upheld Justice Ramsay’s determination that the LAT has exclusive jurisdiction at first instance over all claims in respect of accident benefits, including extra contractual claims such as bad faith conduct. By way of background, Ms....
My mama said, “you can’t hurry love No, you’ll just have to wait” She said, “love don’t come easy But it’s a game of give and take” You can’t hurry love No, you’ll just have to wait Just trust in a good time...
In the recent decision of Helmer v. Belairdirect Insurance Company, the Divisional Court dismissed the appeal a LAT adjudicator’s decision addressing the contentious issue of when professional service providers provide care “but for the accident” in the context of...
Can a claimant receiving accident benefits still sue an insurer for extra-contractual damages in court, in light of the April 1, 2016 changes to the Insurance Act? That was the question before Justice Ramsay in a Rule 21 motion recently brought by Economical Mutual...
S.T. v. Economical, LAT 16-003034/AABS, LAT Reconsideration, Executive Chair Linda P. Lamoureux The Applicant submitted a Request for Reconsideration 42 days after receipt of the Tribunal’s decision instead of submitting it within 21 days as required by the LAT Rules....
