Ontario Court of Appeal Overturns "Unreasonable" LAT Decision
Is an injured person required to make a claim for benefits that he or she would not be entitled to receive, just to preserve their rights to claims these benefits at some point in the future? Prior to the Ontario Court of Appeal’s recent decision in Tomec v. Economical Mutual Insurance Company on November 8, 2019, that was the requirement, as ludicrous that may be.
Under Ontario’s no-fault accident benefits regime, certain benefits, namely attendant care benefits and (possibly) housekeeping and home maintenance benefits cannot be claimed beyond the two-year anniversary of an accident, unless an injured person is deemed “catastrophically impaired.” However, it may take years following that anniversary date to be declared catastrophic.
Originally, a LAT adjudicator ruled that an injured person must appeal these benefits within two-years of the two-year anniversary of the accident, even if that person would not be entitled to those benefits at the time. Consequently, injured persons would be forced to bring LAT applications for benefits that they would not be entitled to receive.
In noting the “absurd” outcomes that would inevitably arise, the Ontario Court of Appeal fortunately ruled that the two-year limitation period for enhanced benefits does not start until an injured person is declared catastrophically impaired.

Related Blogs
-
Interest Rate Reductions
What effect does the change in interest rates have on overdue statutory Accident Benefits? Historically, insurance companies have had to pay 1-2% compounded interest per month for any and all benefits that were overdue. From June 1, 1990 to August 31, 2010, the insurance company was obligated to ...Read More >> -
Low Tire Pressure: A Leading Cause of Winter Accidents
This time of year, the simple act of driving to work requires contending with a lot of extra hazards. In addition to heavy snow, black ice, and white-out visibility, you also have to deal with severe cold—and its impact on your car’s functionality.You may have equipped your car for winte...Read More >> -
Personal Injury Claims Often Follow Spinal Cord Injuries
Car accidents often change the lives of the people involved. Catastrophic injuries can occur in the blink of an eye, and victims then have to cope with the emotional and financial consequences. Spinal cord injuries are the subject of many personal injury lawsuits that are litigated in the Ontario ci...Read More >> -
Do Survivors Receive Workers' Compensation Benefits?
An employed person who qualifies for workers’ compensation benefits usually receives them. Is you are a spouse or a child of the person who dies while working entitled to receive benefits?Happily, spouses and children are entitled to benefits from workers’ compensation boards if two cond...Read More >>
Services
-
-
No Fault Insurance and Accident Benefit Claims
In jurisdictions like Ontario that have a “no-fault” insurance system, car accident injury victims can quick...Read More >> -
Automobile Accidents
Automobile accidents are a leading cause of injury and death in Canada. You may be entitled to compensation.Read More >> -
Motorcycle Accidents
In Canada, motorcyclists are much more likely to be involved in crashes than other motorists. The combination of speed a...Read More >> -
ATV Accidents and Dirt Bike Accidents
All-terrain vehicle (ATV) accidents and dirt bike accidents typically take place outside, at high speeds, and involve ri...Read More >> -
Bike Accidents
At a time when bicycling has become more and more popular, Ontario cities and communities are struggling to develop and ...Read More >> -
Boat Accidents
Every year, hundreds of Canadians suffer serious and permanent injuries from accidents on motorboats, sailboats, jet ski...Read More >> -
Snowmobile Accidents
Snowmobiling is a popular winter activity that comes with serious risks. Accidents are frequently caused by a combinatio...Read More >> -
Truck Accidents
Truck accidents are unfortunately all too common on Ontario roads. The effects of a collision with a transport vehicle s...Read More >> -
Specialized Services
At The Morris Law Group, we understand the importance of providing more than just legal assistance.Read More >> -
Accident Benefits Consultants
Suffering a serious personal injury and making a claim to an insurance company are not everyday events. Our legal and me...Read More >>