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ARTICLE · 16 JUNE 2017

The Licence Appeal Tribunal Isn't Unconstitutional

Miller Thomson
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In 2014, the Ontario government passed the Fighting Fraud and Reducing Automobile Insurance Rates Act.

CanadaLitigation, Mediation & Arbitration
Michael Prosia
Michael Prosia
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The Licence Appeal Tribunal isn't going anywhere.

In 2014, the Ontario government passed the Fighting Fraud and Reducing Automobile Insurance Rates Act.  Prior to this legislation, accident benefits claimants could contest a denial of benefits by filing an Application for Arbitration with the Financial Services Commission of Ontario, or commencing an action in the Superior Court.  However, by virtue of this legislation, claimants lost this election as of April 1, 2016.  Now claimants are required to bring their claims through the Licence Appeal Tribunal, and are prohibited from commencing an action in the Superior Court.

Joseph Campisi, a personal injury lawyer, claimed that this change was in violation of s. 96 of the Constitution Act, 1867, and in violation of both s. 7 and s. 15 of the Canadian Charter of Rights and Freedoms.  He commenced an Application against Her Majesty in Right of Ontario seeking a declaration of its unconstitutionality.  Justice Belobaba

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