Not so fast! Insurers get a say in LAT withdrawals

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....

Trust Me, I’m a Professional: Divisional Court Upholds LAT Ruling

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...

Court bars SABS actions for bad faith / punitive damages

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...

New Case: A Reconsideration Request Must Precede Judicial Review

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....

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