April 2024

The release of Yatar v. TD by the Supreme Court of Canada appears to be a game changing decision on how appeals are handled at the LAT and possibly across all administrative tribunals. On Wednesday, June 26th at 12p, Rebecca Brown Greer and Peter Durant will be hosting a free one hour webinar, discussing Yatar and what we can expect in the upcoming months with a possible influx of JRs.


If you are having trouble with the links, please copy and paste this into your browser:

  • https://us06web.zoom.us/webinar/register/WN_m2S2WMo9Ru6WKhNWb4OsDg#/registration
Click Here to Register for Our Free One Hour Webinar: More than Appealing on June 26th, 12p - 1p

Key LAT Decisions - March and April 2024

The LAT Cannot Decline to Consider Submissions at First Instance and then Consider Them Fresh Evidence at Reconsideration

Articling Student, Karina Dziuba, blogs on a decision where Divisional Court remitted issues back to the LAT after they had been overlooked by the LAT.

Read the complete blog here.

More Than Appealing: The Supreme Court of Canada approves the right of Judicial Review in addition to statutory rights of appeal

Partner, Jennifer Griffiths, write on Yatar v. TD. Overturning the Ontario Court of Appeal in a unanimous and lengthy decision, the Supreme Court emphasized the critical role of judicial review in upholding the rule of law, as separate and distinct from any statutory right of appeal. Where the two lower courts had held that judicial review was not an appropriate remedy in the absence of “exceptional” or “rare” circumstances respectively, the Supreme Court disagreed, signaling a course correction for appellate courts in this regard.


Read the complete blog here.

An application brought by dead applicant was not properly constituted and is "an irremediable nullity" 

Articling Student, Selina Ferenac, blogs on a recent decision by Adjudicator Jarda where an applicant died (unrelated to the accident) and absent a will or estate trustee, the applicant's spouse attended in his place.


Read more about this decision here.

Speaking Engagements & CLE

Canadian Defence Lawyers: Defending AB Claims

Rebecca Brown Greer is co-chairing the Canadian Defence Lawyers "Accident Benefits Crash Course" program on May 9th from 9.30a - 12.30p. The program is virtual only, and features our own Nathan Fabiano discussing LAT Appellate work.


To learn more about the program and to register, please visit the Canadian Defence Lawyers website.

Winter LAT Decisions from ZTGH
Cranston v. Aviva General Insurance, 2024 ONLAT 22-002955 argued by Yann Grand-Clement
Rose v. Aviva Insurance Co. of Canada, 2024 ONLAT 21-006269 argued by Jonathan White
Knight v. Aviva General Insurance, 2024 ONLAT 22-000403 argued by Jonathan Charland
Clarke v. Economical Insurance, 2024 ONLAT 22-013000 argued by Kevin So
Jamow v. Certas Direct, 2024 ONLAT 22-011490 argued by Yann Grand-Clement
Elisha v Aviva Insurance Co., 2024 ONLAT 21-013576 argued by Matthew Owen
Bhairo v. Peel Mutual Insurance Co., 2024 ONLAT 21-015214 argued by Evan Argentino
Singh v. Waterloo Insurance, 2024 ONLAT 21-013851 argued by Yalda Aziz
Lubin v. Allstate Insurance Company of Canada, 2024 ONLAT 23-002619 argued by Lauren Kolarek
Vintimilla v. Co-operators General Insurance Company, 2024 ONLAT 23-001131 argued by Peter Durant
Ozdemir v. Economical Mutual Insurance Company 2024 ONLAT 23-002000 argued by Branson Wong
Gayadeen v. Aviva Insurance Co. of Canada, 2024 ONLAT 21-004980 argued by Yann Grand-Clement
Zhang v. Security National Insurance Co., 2024 ONLAT 21-015571 argued by Nathan Fabiano
Osuchowski v. Aviva General Insurance, 2024 ONLAT 21-012992 argued by Thulasi Kandiah
Ahmed v. Economical Mutual Insurance Co., 2024 ONLAT 21-014296 argued by Jonathan White
Kerr v. Aviva General Insurance Co., 2024 ONLAT 21-009616 argued by Yann Grand-Clement
Kengo v. Aviva Insurance Company of Canada, 2024 ONLAT 21-013917 argued by Yalda Aziz
Behl v. Aviva Insurance Canada, 2024 ONLAT 21-015320 argued by Yann Grand-Clement

Need Help?


We have a LAT team of over 40 lawyers and we are always here to help.


Please feel free to reach out with any issues you are facing with a LAT file.


We look forward to connecting.


Co-chairs: Peter Durant and Rebecca Brown Greer

LAT Practice Group | 416-777-2811 | | ztgh.com

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