Troubling Trends at the Licence Appeal Tribunal: What Injured Ontarians Need to Know

March 11, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Licence Appeal Tribunal (LAT) was introduced in 2016 to provide a consumer-friendly and accessible forum for resolving accident benefit disputes. However, recent data from inHEALTH, as reviewed by the Ontario Trial Lawyers Association (OTLA), reveals alarming trends that indicate the system is not working in favour of injured Ontarians. With success rates for claimants plummeting and procedural concerns mounting, it is crucial for accident victims to understand these issues and seek experienced legal representation from firms like Deutschmann De Koning Law to maximize their chances of a fair outcome.

Declining Success Rates for Injured Applicants

One of the most concerning findings from the inHEALTH analysis is the significant decline in success rates for injured parties disputing their accident benefits. In 2017, applicants were successful in 33% of cases. By 2020, this dropped to 16%, and by 2023, only 10% of claimants won their cases outright. In contrast, insurance companies have seen increasing success rates, winning 71% of cases in 2023, up from 56% in 2017.

This trend raises serious concerns about fairness at the LAT and highlights the growing difficulty for injured individuals to secure the benefits they are entitled to under Ontario’s no-fault insurance system. With insurers prevailing at such an overwhelming rate, many claimants are left without the financial support they need for medical treatment, rehabilitation, and income replacement benefits.

Self-Represented Claimants Face Even Greater Challenges

The LAT was designed to be accessible for individuals without legal representation, but the data shows that self-represented claimants are at a severe disadvantage. Out of nearly 4,500 decisions reviewed, only 217 involved self-represented individuals—an extremely small proportion. More importantly, self-represented claimants were significantly less likely to win their disputes against insurers. This suggests that navigating the LAT process without legal expertise is a major risk, and injured parties stand a far better chance with experienced legal counsel advocating on their behalf.

Procedural Issues and Allegations of Bias

Beyond the declining success rates, the LAT has been criticized for procedural rigidity and fairness concerns. OTLA has raised concerns about the Tribunal’s unwillingness to accommodate procedural requests from legal counsel, even when both parties agree on them. Additionally, a high-profile conflict of interest scandal emerged when a LAT adjudicator, Thérèse Reilly, was revealed to have accepted a position with Aviva Insurance while still issuing decisions at the Tribunal—decisions that consistently ruled in favour of insurers.

These issues contribute to the perception that the LAT is not a level playing field and that insurance companies hold an unfair advantage. The combination of procedural hurdles, potential adjudicator bias, and an increasingly complex claims process makes it even more critical for injured individuals to have skilled legal representation.

What These Trends Mean for Ontario’s Injured Motorists

For accident victims in Ontario, these statistics should serve as a wake-up call. The data clearly shows that navigating the LAT system is becoming more difficult, and success rates for claimants continue to decline. This means that without proper legal guidance, injured individuals are at risk of losing access to the benefits they rightfully deserve.

At Deutschmann De Koning Law, we specialize in representing accident victims and ensuring they receive the compensation they need to recover. Our experienced personal injury lawyers understand the complexities of the LAT process and have a strong track record of advocating for clients against insurance companies.

The Importance of Legal Representation

Given the current state of the LAT, it is more important than ever for injured individuals to seek legal assistance when disputing an accident benefit claim. An experienced personal injury lawyer can:

• Assess the strength of your claim and gather necessary medical and financial evidence.
• Navigate the complex LAT procedures and deadlines.
• Challenge insurer denials and ensure that your rights are protected.
• Advocate on your behalf in hearings and appeals.

Final Thoughts

The statistics from the inHEALTH report and OTLA’s concerns paint a troubling picture of Ontario’s accident benefits dispute system. With success rates for claimants plummeting, self-represented individuals struggling to win their cases, and ongoing concerns about procedural fairness and bias, it is clear that the LAT system is not functioning as intended.

If you or a loved one has been injured in a motor vehicle accident and are facing an insurance dispute, do not navigate the LAT process alone. Contact Deutschmann De Koning Law today for expert legal guidance and dedicated advocacy to help you secure the benefits you deserve.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.