February 2024

The LAT has released a flurry of decisions, weighing in on what constitutes an accident. On Thursday, February 15th at 12p, Rebecca Brown Greer, Peter Durant, and Paul Irish will be hosting a free one hour webinar, discussing recent case law and what you might need to argue and win these cases.

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

https://us06web.zoom.us/webinar/register/WN_PuuZmE9UQJyahXriUxzrqA#/registration

Click Here to Register for Our Free One Hour Webinar: What is an Accident? on February 15th, 12p - 1p

Key LAT Decisions - December 2023 and January 2024

Adjudicator Grieves Finds a Stand-Alone Award Claim Permissible and Awards $5,550 for a Delayed NEB Payment

Articling Student, Duha Sikander, blogs about a decision involving a stopped and then delayed NEB payment that resulted in a special award - an outcome similar to decisions released at FSCO.

Read the complete blog here.

Catastrophic Assessment Report is Section 45(2)1 Compliant But Claimant Still Not CAT

Lawyer, Kari-Anne Layng, blogs on a recent reconsideration decision where the multi-disciplinary approach to assessing catastrophic impairment designation was considered compliant, even if the end result was the Claimant was not considered CAT.

Read the complete blog here.

Medical Evidence Matters

Articling Student, Jordan Hochman, blogs on a recent decision involving an accident that most likely occurred as the result of a medical incident suffered by the driver. The applicant's spouse was not able to prove that they were an insured person because of a lack of medical evidence that the driver sustained a physical injury as a result of the accident.

Confirmation of employment does not automatically eliminate the need for an OCF-10 where IRB and NEB tests are met on an OCF-3

Lauren Kolarek writes on a recent LAT decision where the adjudicator found that providing employment details in an OCF-1, and even completing an OCF-2 confirming employment, does not automatically eliminate ambiguity.

Read the complete blog here.

Speaking Engagements & CLE

Canadian Defence Lawyers: Costs What you Need to Know

Rebecca Brown Greer is speaking at the CDL Costs Program on February 9th. Because in Canada costs are a real, legitimate, and recoverable litigation issue, we need to be masterful, technical and strategic when it comes to costs.

Medico-Legal Society: Annual CAT Program

The Medico-Legal Society's Annual CAT program is essential viewing for lawyers practicing in this field. Eric Grossman will be on a panel discussing Criterion 8: Psychiatry vs. Psychology.