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ARTICLE · 24 JANUARY 2017

LAT Is Not The Only Option For CAT Disputes After April 1, 2016

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Director's Delegate Evans has decided that issues can be added to an existing FSCO arbitration after April 1, 2016 instead of commencing an application at the LAT...

CanadaLitigation, Mediation & Arbitration
Ashleigh Leon
Ashleigh Leon
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Director's Delegate Evans has decided that issues can be added to an existing FSCO arbitration after April 1, 2016 instead of commencing an application at the LAT, when the issues to be added "necessarily arise from the issues already in dispute".

In Aviva Canada Inc. v. Le Minh Duong (Appeal P16-00048), the Director's Delegate was asked to determine whether or not two issues (determination of CAT and a $2,000 treatment plan) both of which were mediated after April 1, 2016 could be added to an existing arbitration.

On April 1, 2016, the dispute resolution system for statutory accident benefits was overhauled.  The new regulation removed the requirement for mediation and mandates that all disputes in relation to an insured person's entitlement to accident benefits be handled by the LAT.

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