Insurer denied or stopped your benefits? We take it to the LAT.
Updated
When an Ontario auto insurer denies, reduces or stops an accident benefit, the dispute goes to the Licence Appeal Tribunal (LAT). We represent injured people in these disputes, from the first look at the denial letter to the hearing.
What we dispute at the LAT
- Treatment plans (OCF-18) rejected as not reasonable or necessary
- Income replacement or non-earner benefits stopped after an insurer’s examination
- Injuries placed under the Minor Injury Guideline, which caps medical and rehabilitation funding at $3,500
- Attendant care and other benefits the insurer refused or reduced
- Psychological injuries the insurer does not accept, such as anxiety, sleep problems or fear of driving after the crash
The deadline: 2 years from the denial
An application to the LAT generally has to be filed within 2 years of the insurer’s written denial. The date on the letter matters more than the date of the accident. Here is what to do after a denial, step by step.
Not sure when your 2 years started?
Send us the date on your letter →How a LAT dispute works
- We review the denial letter. We check the reasons, the date and whether a dispute makes sense in your situation. This first review is free.
- We gather the evidence. Medical records, reports from your own treating providers, the insurer’s examination reports and your OCF forms.
- We file the application with the tribunal. The insurer then responds.
- Case conference. An adjudicator helps both sides narrow the issues and explore settlement. Many disputes resolve here.
- Hearing, if the dispute continues. The evidence is presented and the adjudicator decides.
Why people come to VIA Legal
- Psychological injuries are taken seriously. Naira Velumyan holds a PhD in psychology and is a Registered Psychotherapist, so she knows how these injuries are assessed and documented.
- Four languages. English, Russian, Ukrainian and Armenian.
- Nothing to pay unless we win. The first review is free.
Holding a denial letter? Send us the date on it and what the insurer refused. We will tell you whether a LAT dispute makes sense, usually the same business day.
Frequently asked questions
Can a paralegal represent me at the LAT?
Yes. Licensed paralegals regulated by the Law Society of Ontario can represent you in accident benefits disputes at the Licence Appeal Tribunal. An appeal of a LAT decision to the Divisional Court is handled by a lawyer.
How long do I have to dispute a denial?
Generally 2 years from the insurer’s written denial. The clock runs from the denial, not from the accident.
Do I have to go to court?
The LAT is a tribunal, not a court. Many case conferences and hearings take place by videoconference.
How long does a LAT dispute take?
It depends on the issues and the tribunal’s schedule. Some disputes settle at the case conference; others go to a hearing.
VIA Legal Services Professional Corporation. Naira Velumyan is a Licensed Paralegal in Ontario (LSO #P21370). This page is general information, not legal advice for your specific situation.