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Odds 'stacked' against car accident victims who take benefits disputes to Ontario tribunal, lawyers say
A report found applicant wins fell to 8% in 2024, while lawyers and claimants say delays, bias concerns and insurer funding undermine fairness.
- A report commissioned by the Ontario Trial Lawyers Association released last fall found the success rate for applicants at the Licence Appeal Tribunal dropped to 8% in 2024, down from 11% in 2023 and 33% in its inaugural year.
- Ontario's Licence Appeal Tribunal was established in 2016 to handle accident benefits disputes faster and more user-friendly than traditional litigation. The tribunal processes between 16,000 and 17,000 new files annually.
- The Divisional Court recently cited unfairness while overturning several rulings, including cases where adjudicators relied on expert reports without cross-examination. A whistleblower affidavit alleged internal bulletins instructed staff to deny motions from parties deemed "difficult" or "high conflict."
- Because applicants cannot recoup legal costs through the tribunal, many face financial barriers that force abandonment of claims. Lawyer Meghan Hull Jacquin said, "Many, I think, would have just said, 'I can't do it' and had to just walk away."
- Tribunals Ontario spokesperson Veronica Spada defended the process, noting roughly 74% of decisions brought before the court have been upheld. She stated current operations are not driven by backlog pressures despite ongoing calls for government review.
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Winnipeg Free Press+20 Reposted by 20 other sources
Odds 'stacked' against car accident victims who take benefits disputes to Ontario tribunal, lawyers say
Breaking News, Sports, Manitoba, Canada
·Winnipeg, Canada
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Odds ‘stacked’ against car accident victims who take benefits disputes to Ontario tribunal, lawyers say – 105.9 The Region
TORONTO — It took six years and a complicated legal battle for Ngoc My Ly to reach a settlement with her insurance company after a car crash that left her with chronic pain, depression, dizziness and memory loss. After her treatment plan and benefit claims were initially denied by her insurer, Aviva, the Toronto-area woman turned to Ontario’s Licence Appeal Tribunal, a quasi-judicial body tasked in 2016 with handling accident benefits disputes i…
Coverage Details
Total News Sources24
Leaning Left18Leaning Right0Center4Last UpdatedBias Distribution82% Left
Bias Distribution
- 82% of the sources lean Left
82% Left
L 82%
C 18%
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