THE essential annual event for everyone working in the Accident Benefits field.
Ensure you’re fully current on key recent decisions and developments.
Expert practitioners, medical experts, and adjudicators will give you valuable perspectives on the latest key developments and pressing issues and address the key caselaw, administrative/procedural developments, and best practices that you need to succeed in this demanding and fast-moving area of law.
The program is designed to provide realistic solutions to the issues you can expect to face regularly, in an area still undergoing significant transformation.
What You’ll Learn
An expert faculty, reflecting both applicants’ and respondents’/insurers’ perspectives, will cover:
Top 10 cases from the past 12 months
CAT Update: causation, apportionment, application of But For test, and inequality between physical and mental impairments
Appearing before the LAT: step-by-step procedures, tips for conducting LAT hearings, important rules to know
Ethics panel: duty to accommodate without prejudicing your client; dealing with unrepresented parties; issues in reasonable apprehension of bias at LAT; duty to advise tribunal of all relevant cases
Quick Hits: a) Proceeding through LAT or tort on a denial; b) Defining an accident: what the cases say; c) New LAT rule amendments
Appeals and judicial reviews from LAT: when can you do judicial review and appeals, reconsiderations, standard of review, appeals from the Divisional Court
Minor Injury Guideline: critical legislation, case law, and key considerations on the MIG you need to know
Who Should Attend
Personal injury lawyers (plaintiff’s/applicant’s and defendant’s/insurers’, including in-house insurance company litigation counsel) in Ontario
AVP Senior Practice Counsel, Accident Benefits, Aviva Trial Lawyers
Chloe Lester
Mediator and Arbitrator
Brent McQuestion
Morris Law Group
Deborah Neilson
Member, Licence Appeal Tribunal, 2016 – 2023
K. Jay Ralston
Murray Ralston Lawyers
David Raposo
Dutton Brock LLP
Nathan Tischler
TD Insurance
Kimberley Tye
Aviva Trial Lawyers
Dr. Zohar Waisman
Temerty Faculty of Medicine, University of Toronto
Kamelia Stancheva
Paralegal, Merricks Law Group
“Excellent…gives me not only information about key cases and trends in the industry, but also provides ideas and directions on how to implement strategies in the real world…this seminar has also taught me how to improve the quality of our cases and how to increase the quantum of our settlements”
Agenda
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.
Defence counsel and an Expert Psychiatrist who conducts assessments for both Applicants and Insurers will discuss the latest psychological-legal developments in CAT in Ontario’s SABS regime, discussing:
• Causation
• Apportionment
• The application of the “but for” test
• Inequality between physical and mental impairments
Join a former Vice-Chair of LAT for a crucial overview of key advocacy considerations when appearing at LAT, including:
• Step-by-step procedure
• Important rules to know
• Helpful tips
Roundtable on Ethical Issues that Arise at LAT
A panel of experienced AB lawyers will tackle thorny issues and dilemmas particular to AB practice and LAT tribunal work, covering:
• The duty to accommodate without prejudicing your client
• Dealing with unrepresented parties
• Issues with reasonable apprehension of bias at LAT
• The duty to advise tribunal of all relevant cases
Hear from the Bench and Bar about the requirements, options available, and procedures involved when challenging a decision from LAT, as well as important factors to consider:
• When appeals and judicial review are available
• Reconsiderations
• The applicable standard of review
• Appeals from the Divisional Court
• Defining an “Accident”: What the cases say
• Recent amendments to the LAT’s Common Rules of Practice and Procedure
Understanding the objectives and framework of the MIG and how it works in the real world is important for everyone handling Accident Benefits matters. We will look at the MIG’s administrative process and jurisprudence, as well as underlying concepts, notably:
• Functional restoration
• What level of “compelling evidence” is required to move beyond MIG?
• Impairments that fall within or outside the MIG
As law evolves, we know how important it is to stay up to date. We also understand the financial implications of continuously upgrading your professional skills and knowledge. For more information on available options, including Job Grants, OSAP, please visit:
“Very informative and helpful for utilizing new thoughts and theories in our everyday practice”
CPD and Accreditation
OsgoodePD is an accredited provider with the LSO, the Law Society of BC and NY CLE Board. Select your location to view the eligible hours you may claim.
All online; combination of live and asynchronous learning.
5 Modules
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Deeper Learning Opportunities
LLMs
Are you a law graduate or an executive/senior professional with at least 5 years of specialized experience? Consider a full-time or part-time LLM degree.
Stay competitive with deep dives into the most critical issues in law. Taught by leading experts and designed for flexible learning, choose from multi-day programs or take courses at your own pace to build towards a certificate.
Do you have an LLB/JD? Consider taking a single LLM course for deeper learning in a specific area of practice – all credits will apply towards a Professional LLM.
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Many of our programs include 120-day unlimited, online access to view the recorded program. See the program page or brochure to find out if the program you’re interested in includes this access. If you need more time to view the content, or have questions about the access, please email: OPDSupport@osgoode.yorku.ca.
If the program includes access to the recording, you will have unlimited online access to the recorded content for 120-days from the end date of the program.
Access is only for the registered delegate. In the event of misuse, access can be revoked.
CPD hours for each program can be found on the program web page and program brochure. For questions regarding CPD hours, please email cpd@osgoode.yorku.ca
A limited amount of financial assistance is available for OsgoodePD Programs unless specific bursary information appears on the program page/program brochure. Head to our Financial Assistance page for more information.
Please reach out to the OPD Technical Support here.
Yes. We do offer group rates on our programs. Please visit our group rate page for more information. Some exceptions apply, and rates are subject to change.
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OsgoodePD programs can be counted towards professional development requirements with regulatory bodies across Canada and the US. OsgoodePD is an accredited provider of professionalism content with the LSO. OsgoodePD is an accredited provider with the Law Society of British Columbia. Please email cpd@osgoode.yorku.ca or refer to your regulatory body to ensure compliance – online program viewing varies by jurisdiction.
Client and Technical Support
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