Accident Benefits (SABS / LAT)Fixed feeLicence Appeal Tribunal (accident benefits)

Special award (unreasonably withheld benefits)

Asking the LAT for a special award when benefits were unreasonably withheld.

A Licence Appeal Tribunal application is usually due within two years of the insurer's refusal; the Tribunal schedules the case conference and hearing. Ontario Licensed paralegal firm (LSO P21785)

What is included

  • Preparing and filing the Licence Appeal Tribunal application, setting out the benefits in dispute
  • Preparing the case conference summary and document brief
  • Bringing or responding to motions, such as for production of documents or an adjournment
  • Preparing witness statements, written submissions or an oral hearing
  • Representing you at the case conference or hearing the service covers

What is not included

  • Charges for medical reports, assessments and records, and other disbursements
  • Later stages, such as a Licence Appeal Tribunal hearing or reconsideration, unless the service names them
  • A personal injury lawsuit against an at-fault driver, which is usually lawyer work
  • An appeal or judicial review of a Licence Appeal Tribunal decision in the Divisional Court, which needs a lawyer
  • Medical or rehabilitation treatment

Who this service is for

  • Claimants whose insurer denied or stopped a benefit
  • Someone with a Tribunal case conference or hearing already scheduled
  • Claimants asking for a special award because benefits were unreasonably withheld

Information to have ready

  1. 1Every denial letter and explanation of benefits from the insurer
  2. 2Insurer examination reports and your own medical reports
  3. 3Treatment plans (OCF-18) and invoices
  4. 4Any Tribunal notices, orders or case conference reports

Frequently asked questions

How much does it cost?

The fee is $900 plus 13% HST ($1,017.00 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.

What happens when I check out?

You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.

What happens at a case conference?

A Tribunal member meets with both sides to discuss settlement, narrow the issues, and set the steps and dates for a hearing if the case does not settle.

Can a Tribunal decision be challenged?

You can ask the Tribunal to reconsider in limited situations. An appeal on a question of law, or a judicial review, goes to the Divisional Court, which needs a lawyer.

Is the hearing in person?

Many accident benefits hearings at the Tribunal are held by video or in writing. The Tribunal decides the format.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed; the insurer and, if there is a dispute, the Licence Appeal Tribunal decide
  • Deadlines under the Statutory Accident Benefits Schedule are strict
  • The service covers accident benefits only, not a lawsuit against another driver
Law Society of Ontario — Barreau de l'Ontario
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