No Jurisdiction At The LAT For Arbitration Proceedings: Commenced But Not Completed At FSCO

The transition of the forum for Statutory Accident Benefits disputes from the Financial Services Commission of Ontario ("FSCO") to the Licence Appeal Tribunal (the "LAT"), effective April 1, 2016, was not as seamless as anticipated and continues to be the subject matter of ongoing adjudication.  Transitional issues involve the impact of the 90-day period post-mediation, limitation periods and the jurisdiction of the LAT to hear disputes commenced at FSCO but not completed at FSCO.

This latter issue has recently been adjudicated by the LAT in Y.C. v. Economical Insurance Company (18-008802/AABS, August 28, 2019).  In Y.C., the LAT determined it did not have jurisdiction over the dispute, which had been commenced by way of arbitration at FSCO but not completed.