Licence Appeal Tribunal Lawyers

Under Tribunals Ontario, the Licence Appeal Tribunal (LAT) is an independent, quasi-judicial body. The Licensing and Appeals Tribunal (LAT) is responsible for deciding cases involving compensation claims and licensing matters governed by the province government, including those handled by delegated administrative entities. The main goal and purpose of the LAT is to facilitate fair and transparent licencing procedures and compensation claim decisions. Moreover, the LAT offers a formal avenue for conflict resolution and appeals.

What is the Licence Appeal Tribunal (LAT)?

Some of the LAT’s duties encompass licensing operations governed by the provincial government and the adjudication of applications and disputes pertaining to compensation claims. By giving people and companies a formal way to challenge decisions that impact their rights and interests, LAT ensures that decisions are transparent. This Tribunal oversees a broad range of issues, some of which are overseen by other Ontario delegated administrative authorities.

The LAT has many similar procedures and powers as a court of law. The main differences are that the rules of evidence seem to be less strict and that parties frequently represent themselves. An adjudicator, not a judge, is in charge of a hearing in the LAT and is empowered by the Insurance Act, the Statutory Powers and Procedures Act, and the LAT-specific Common Rules of Practice.

The Ministry of Consumer Services, Ministry of Transportation, Ministry of Children and Youth Services, Ministry of Training, Colleges and Universities, Ministry of Municipal Affairs and Housing, and Ministry of Community Safety and Correctional Services all have jurisdiction over decisions pertaining to compensation claims and licensing activities. These decisions can be appealed to the Licence Appeal Tribunal (LAT).

The Registrar may issue a Notice of Proposal to apply conditions, suspend, deny, refuse to renew, or revoke a license following the conclusion of a complaint investigation. An applicant or licensee might request the Licence Appeal Tribunal for a hearing after receiving a Notice of Proposal. A legal proceeding is essentially initiated by requesting a hearing. After a hearing, the Tribunal has the power to replace the Registrar’s opinion with its own or to order the Registrar to carry out the suggested action. The Tribunal has the power to impose restrictions on a license or its order. Moreover, licence holders are entitled to a lawyer at all times during the Tribunal proceedings, including during the hearing.

What types of cases does LAT handle?

LAT deals with a wide breadth of cases primarily related to licensing and compensation claims. This encompasses disputes over business licences, vehicle-for-hire licences, and other regulatory licences. LAT also addresses appeals concerning compensation claims from statutory accident benefits and other financial assistance programs. The Tribunal’s jurisdiction covers areas regulated by provincial statutes. The purpose of this is to ensure that administrative decisions comply with the law and that the involved parties have an opportunity to challenge and review these decisions in a formal environment.

In Ontario, a wide range of cases are heard by the License Appeal Tribunal (LAT), mostly in the field of administrative law. The Automobile Accident Benefits Service (AABS), which resolves disagreements between policyholders and insurance providers regarding statutory accident benefits claims under the Ontario Insurance Act, is one of its main areas of jurisdiction. After car accidents, these claims frequently deal with matters like eligibility for benefits, benefit amounts, and associated costs. The General Service, which covers appeals and applications in other fields, is another important area.

In addition to paying victims of crime compensation, these also include reviewing Landlord and Tenant Board orders pertaining to residential tenancy matters, appealing fire safety authorities’ decisions, and providing accessibility and disability services in relation to decisions made under the Accessibility for Ontarians with Disabilities Act (AODA). Appeals against directives from other ministries, including the Ministry of Transportation and the Ministry of Health and Long-Term Care, are also handled by the LAT. In addition, the LAT is tasked with managing matters pertaining to driver’s licences, liquor licences, and special permits that call for regulatory compliance under the Safety, Licensing Appeals and Standards Tribunals Ontario (SLASTO). The LAT offers an accessible forum and guarantees equitable and effective conflict resolution.

Through the performance of these diverse duties, the LAT helps ensure the fair and efficient resolution of disputes and provides a convenient means for individuals and organizations to contest administrative decisions that have a significant impact on their rights and obligations. This ensures fairness in administrative law settings across Ontario and maintains regulatory compliance.

How does the LAT hearing process work?

When a person or entity files an application or an appeal to contest a regulatory authority’s decision, the License Appeal Tribunal (LAT) hearing procedure gets underway. Following receipt of the application, LAT holds a hearing where both parties can explain their case and supporting documentation. Depending on the parties’ wishes and the intricacy of the matter, hearings may be conducted in person, over the phone, or by written submissions. A member of the Tribunal examines the evidence, hears testimony, and assesses the pertinent factual and legal problems during the hearing. The Tribunal renders a written decision after the hearing that includes a justification for its decision. This guarantees accountability and openness in the decision-making process, enabling all stakeholders to understand the reasoning behind the Tribunal’s rulings and thereby preserve faith in the administrative justice system.

The person in charge of presiding over a hearing in the LAT is an adjudicator, not a judge, and is empowered by the Insurance Act, the Statutory Powers and Procedures Act, and the LAT-specific Common Rules of Practice.

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What are the grounds for appealing a decision to LAT?

The soundness of the decision, procedural fairness concerns, and errors in the law’s application are some common reasons for appealing to the LAT. Appellants may contend that improper procedures were followed, that the first decision was unfair or irrational in light of the facts, or that the decision was based on inaccurate or incomplete information. The LAT offers a formalized review process for these matters, guaranteeing that administrative rulings follow the law and natural justice precepts.

How can LAT decisions be further appealed?

Decisions rendered by the LAT can sometimes be appealed to higher courts, depending on the circumstances, such as the Divisional Court. The appellant must file a Notice of Appeal within a certain time frame, often 30 days from the date of the LAT ruling, in order to start a second appeal. In general, procedural flaws, legal errors, and the unreasonableness of the tribunal’s ruling are grounds for a subsequent appeal. The higher Court examines the LAT ruling and the appeal’s grounds during the appeals procedure, frequently holding a hearing where both sides can submit their cases. To maintain ongoing monitoring and conformity to legislative requirements, the Court may uphold, modify, overturn, or remit the case to LAT for a new hearing.

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Recent Cases

Kellerman-Bernard v. Unica Insurance Inc., 2022 CanLII 6755 (ON LAT)

In this case, the claimant’s child was injured in a motor vehicle accident. The claimant, who did not witness the accident, sought accident benefits for psychological and mental injuries resulting from her child’s accident. She later applied for a catastrophic impairment (CAT) designation. The Tribunal held a preliminary hearing to determine if an applicant who is not involved in an accident could qualify for a CAT designation under the Statutory Accident Benefits Schedule (SABS). The Tribunal decided that the claimant did not meet the criteria for a CAT designation because her injuries were not directly caused by the accident itself. The phrase “caused by an accident” in the SABS was interpreted to restrict CAT benefits to solely those directly injured in the accident at question.

Adam v. Aviva General Insurance Company, 2024 ONSC 3577

The claimant filed an appeal against the LAT’s ruling that he was not eligible for Income Replacement Benefits (IRBs) after 104 weeks.

The Court asserted the Tribunal’s ruling, concluding that the insurer had denied benefits as per the law and that the denial was specific and grounded in medical grounds. This case shows us the significance of insurers providing thorough and well-reasoned justifications for their denials of claims, as well as the rigorous standards that LAT employs when evaluating these decisions.

Fagundes v. Intact Insurance, 2024 ONSC 2575

The Tribunal’s ruling that the claimant was not eligible for post-104 week IRBs was later appealed by the claimant. The Tribunal ultimately came to the conclusion that the claimant did not meet the requirements for the benefits based on a substantial body of evidence, including expert testimony from the insurer. The Tribunal’s ability to consider and favour the insurer’s expert testimony over the claimant’s was upheld by the Court as it dismissed the appeal. This decision shows us the significant deference that the Courts usually give to the Tribunal’s proficiency in assessing and interpreting complex evidence.
These cases show the LAT’s role in ensuring that judgments about licensing and compensation are just and compliant with the law, as well as giving insight into the types of disputes the Tribunal hears.

About the Author

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Jordan Donich

Jordan Donich has been a Lawyer for over 10 years and is a trusted legal analyst by Canadian Media. He is as a leader in Canada’s tech sector for lawyers and developer of Law Newbie. Jordan is a Black Belt with the Japan Karate Association and trained in Krav Maga. He won a Gold Medal at 2004 Canadian National Championships and was published in the National Newspaper Awards.

Jordan has been featured in Forbes and is a member of DMZ Angels in Toronto.