Maya Krishnaratne

The applicants sought judicial review of interlocutory orders staying their proceedings before the License Appeal Tribunal (LAT) regarding catastrophic impairment claims.

The LAT had stayed the proceedings to allow the applicants to attend medical examinations requested by the insurer.

The Divisional Court dismissed the applications as premature, applying the principle that courts should not interfere with ongoing administrative proceedings absent exceptional circumstances.

The court found no such exceptional circumstances, even though the applicants raised a jurisdictional issue regarding the LAT's power to issue the stays.

The appellant appealed an interlocutory decision of the License Appeal Tribunal directing her to attend insurer-requested medical examinations regarding her catastrophic impairment claim.

The Divisional Court issued a Rule 2.1 notice considering dismissing the appeal for lack of jurisdiction over interlocutory LAT orders.

The court resolved conflicting lines of authority, affirming that it has no jurisdiction to hear appeals from interlocutory LAT orders, though judicial review is available in exceptional circumstances.

The court struck the Notice of Appeal but granted the appellant leave to convert the proceeding into an application for judicial review.