Accident Benefits 2024: What’s New? What’s Important?

9:00 a.m.
Introduction from Course Chairs

9:10 a.m.
Most Important Accident Benefits Related Cases Over the Previous 12 Months

Michelle Arzaga, Pace Law Firm
Sara Auld, Findlay Personal Injury Lawyers

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.
Update on Catastrophic Impairment Under SABS

Dr. Brian Levitt, Kaplan & Levitt Psyschologists
Nathan Tischler, TD Insurance

Defence counsel and an Expert Psychologist 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

10:55 a.m.
Break

11:10 a.m.
Keys to a Successful LAT Adjudication

Lori Marzinotto, Senior Legal Counsel, Definity Financial Corporation
Deborah Neilson, Member, Licence Appeal Tribunal, 2016 – 2023

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

11:55 a.m.
Lunch

12:55 p.m.
Roundtable on Ethical Issues that Arise at LAT

Kris Bonn, Bonn Law
Sophia Chaudri, Flaherty McCarthy LLP
David Raposo, Dutton Brock LLP

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

1:40 p.m.
Appeals and Judicial Reviews from LAT

The Hon. David Corbett, Ontario Superior Court of Justice
K. Jay Ralston, Murray Ralston Lawyers

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

2:25 p.m.
Break

2:40 p.m.
Quick Hits: Essential Insights on Timely Topics

Michelle T. Friedman, Aviva Trial Lawyers
Alexander M. Voudouris, Senior Litigator, Pace Law Firm

• Defining an “Accident”: What the cases say
• Recent amendments to the LAT’s Common Rules of Practice and Procedure

3:15 p.m.
Navigating the Minor Injury Guideline: Key Elements, Critical Legislation and Important Cases

Chloe Lester, Mediator and Arbitrator

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

4:00 p.m.
Program Ends