Accident Benefits: What’s New? What’s Important? 2023

9:00 a.m. Introduction from course chairs

9:10 a.m. to 10:10 a.m.

Most Important AB‑Related Cases Over the Previous 12 Months

Important AB‑Related Cases Over the Previous 12 Months
This always popular annual session will bring you up to speed on important recent tribunal and court decisions involving ABs, assessing their impact on your current and future practice.

10:10 a.m. to 10:55 a.m.

CAT Update
Defence counsel and an Expert Psychologist who conducts assessments for both Applicants and Insurers will discuss:

• Leading CAT Cases of the past year
• The law of causation in terms of CAT determination
• The conflict between the “But For Test” and Apportionment
• Why 3 marked impairments on their own no longer satisfies the CAT test for Mental and Behavioural Disorder

10:55 a.m. to 11:10 a.m.

Break

11:10 a.m. to 11:55 a.m.

Rescinding Settlements under SABS
The solicitor who challenged the previous version of the Settlement Disclosure Notice discusses how the current SDN:

• Fails to comply with Section 9.1 of Ontario Regulation 664
• Fails to fulfill the requirements set out in Parveen v. Aviva

Plus, we will review how an AB settlement can be rescinded and set aside event after the lapse of 2 business days

11:55 a.m. to 12:40 p.m.

Lunch

12:40 p.m. to 1:30 p.m.

Challenging Insurer Examination Assessments and Reports
The significance of Rule 10.4 of the LAT’s Common Rules of Practice and Procedure will be examined with a view to:

• Challenging the admissibility of an expert report
• Understanding what providing medical reasons entails
• Attacking or defending an IE report that was obtained without medical reasons
• Determining if the LAT has remedial powers to enforce a Rule 10.4 challenge and if so, what they are

1:30 p.m. to 2:15 p.m.

Life at LAT
Here from a former LAT official about essential practice points, including:

• Can a party obtain an adjournment of a hearing
• What is the role of motions at the LAT
• How is the LAT dealing with delays
• Is the LAT’s compliment of Adjudicators at full strength or are more required
• Will the LAT institute regular meetings/consultations with stakeholders
• What role if any do non-Adjudicators play in decision making at the LAT

2:15 p.m. to 2:30 p.m.

Break

2:30 p.m. to 3:30 p.m.

Quick Hits: Essential Insights on Timely Topics
The Publisher of the In Health newsletter reporting on LAT decisions will discuss:

• Decision trends at the LAT together with analyzing a myriad of LAT statistics dealing with case loads, timelines, reconsideration results and more

And, the world of structured settlements will be explained with a view to:

• Exploring the product and its elements
• How these can be a benefit to both parties, how it affects the return payout, taxes and even ODSP.
• Ways that counsel can immunize themselves from potential negligence claims involving structured settlements; or more specifically, the lack of a structured settlement or the failure of the solicitor to properly advise their clients

3:30 p.m. to 4:15 p.m.

Leveraging Technology in AB Practice
A leader in the field of legal technology and innovation will discuss how counsel can bring an efficient and tech-savvy approach to their AB practices. We will cover the current and future legal tech landscape for litigators, key ethical considerations, as well as essential safeguards to ensure when using technological suites, including confidentiality, privacy, and information security.