Ontario Court of Appeal Overturns "Unreasonable" LAT Decision

The information in this blog post has not been updated to accurately reflect the current trends and information related to this topic. Should you require legal advice, please contact a personal injury lawyer or certified professional for additional information and resources. 

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.

Contact The Morris Law Group

If you or a loved one has been injured in a serious accident, contact The Morris Law Group for a free no obligation consultation with one of our experienced personal injury lawyers. We have been practicing personal injury law in Hamilton and the Golden Horseshoe for over 60 years. We ensure that your rights are preserved and that you receive the personal attention you deserve. At our law firm we work on a contingency basis, meaning that you don’t pay until your case settles.

All personal injury firms will work to get you the best settlement, but only at The Morris Law Group will you get the care and support you need at such a difficult time. Contact us today.