Jesse Boyce

The appellant appealed and sought judicial review of a Licence Appeal Tribunal (LAT) decision finding she failed to establish catastrophic impairment under Criterion 8 of the Statutory Accident Benefits Schedule.

The appellant argued the LAT adjudicator breached procedural fairness by imposing strict time limits on witness examinations, making unequal evidentiary rulings regarding expert psychiatric testimony, and admitting a late surveillance report.

The Divisional Court dismissed the appeal, holding that the adjudicator's procedural choices were within her discretion to control the tribunal's process and did not result in unfairness.

The court also found no error of law in the LAT's application of the test for catastrophic impairment.

The appellant sought judicial review of decisions from the Human Rights Tribunal of Ontario (HRTO) and the Licence Appeal Tribunal (LAT).

On consent, the Divisional Court quashed the HRTO decisions and remitted the matter for further adjudication without specific directions.

The Court also quashed the LAT decisions and remitted the matter for a new hearing before a different adjudicator, with reasons to follow.

The applicant/appellant commenced a second application to the Licence Appeal Tribunal (LAT) seeking damages and declaratory relief against her insurer and various non-insurer parties for alleged tortious conduct related to her statutory accident benefits (SABS) claims.

The LAT dismissed the application for lack of jurisdiction, noting it had no authority to award damages or make orders against non-insurers.

The applicant/appellant appealed to the Divisional Court.

The Court issued a notice under Rule 2.1.01 of the Rules of Civil Procedure and subsequently dismissed the proceedings as frivolous, vexatious, and an abuse of process, finding that the LAT lacks statutory jurisdiction to grant the requested relief and that the proceedings were an impermissible collateral attack on a prior final LAT decision.

The applicant sought judicial review and appeal of a Licence Appeal Tribunal decision denying his claim for attendant care benefits.

The LAT found that the applicant failed to prove his family members sustained an economic loss in providing care, as required by s. 3(7)(e) of the Statutory Accident Benefits Schedule.

The applicant conceded the LAT correctly interpreted the provision but argued the requirement conflicted with the consumer protection mandate of the legislation and produced an absurd result.

The Divisional Court dismissed the application, holding that there was no ambiguity in the legislation and that rewriting the statute to achieve a perceived equitable result was not a justiciable issue.

The applicant insurer sought a stay of an interlocutory scheduling order made by the Licence Appeal Tribunal (LAT) denying an adjournment of a complex catastrophic impairment hearing.

The Divisional Court found exceptional circumstances justifying intervention, noting the LAT's decision was unreasonable and failed to balance institutional concerns with the legitimate interests of the parties and their counsel's availability.

Applying the RJR-MacDonald test, the court granted the stay, vacated the scheduled hearing dates, and directed the LAT to reschedule the hearing to mutually available dates.

The self-represented applicant brought a motion requesting that the triage judge recuse herself from his application for judicial review due to potential bias.

The applicant argued that the judge was formerly a partner at a law firm that had represented an employee of the respondent insurer in a divorce proceeding over six years prior.

The court dismissed the motion, finding that a reasonable person would not apprehend bias given the passage of time, the judge's lack of personal involvement with the individual, and the individual's peripheral role in the current proceedings.