Flaws have emerged in new LAT

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 regulates the insurance sector, was to resolve disputes over accident benefits in a more efficient manner.

While it is still a relatively short period of time since the transition took place, some lawyers who act for plaintiffs in these disputes are suggesting that the balance is tipped too much in favour of insurance companies and there is a financial disincentive built in against plaintiffs.

“The process encourages insurance companies to be stubborn,” says Darcy Merkur, a partner at Thomson Rogers in Toronto.

“LAT [Licence Appeal Tribunal] is supposed to be quicker. That has not proven to be the case at all,” he says.

Read the full article on Law Times: Flaws have emerged in new LAT

If you have any questions, please contact personal injury lawyer Darcy Merkur at 416-868-3176 or by EMAIL.