Frequently Asked Questions

This page is intended to provide general information and is specific to the time when it is first issued. Please keep in mind that the LAT’s staff cannot provide you with legal advice.

If you wish to obtain legal advice, you should consult a person licensed by the Law Society of Ontario.

General

What if I require French language or interpretation services?

If a party requires a case conference in French, a bilingual Case Management Officer and Adjudicator will be assigned to the case. Parties may submit an application or appeal in French and request the proceeding to be conducted wholly or partly in French. Interpretation services are also available upon request. Parties should provide as much notice as possible, in advance of a proceeding, to advise LAT-AABS if they require interpretation services.

Where do I go if I have a concern about my case?

Your first point of contact for case related concerns or inquiries is the Case Management Officer. You may contact them by email at LATregistrar@ontario.ca.

Where can I find out more information about LAT-AABS adjudicators?

Adjudicative appointments are made by Order-in-Council. The Executive Chair provides a recommendation to the Minister, which is reviewed and brought forward as an appointment recommendation by the Minister to Cabinet. The public appointments process is facilitated by the Public Appointments Secretariat. Information about adjudicators is on the Tribunals Ontario appointments page. LAT-AABS does not provide parties with the name of the assigned adjudicator for a proceeding. This practice is in part to prevent bias. The LAT-AABS schedule is also constantly changing with matters settling and adjudicators may be reassigned as needed.

What if an order is not clear or has an error?

If an order is not clear, please raise it with your Case Management Officer. According to Rule 17 of the LAT Common Rules of Practice, The Tribunal may review and correct typographical, calculation and other minor errors to clarify an order or decision.

Applications

What do I need to submit my application?

You will be asked to provide the following supporting materials as part of your application:

Contact information of the Applicant, the Applicant’s legal representative (if applicable) and the Insurance company Date and location of the motor vehicle accident
Details of the disputed benefit(s)
A list of documents you intend to rely on during the dispute resolution process (e.g. medical reports, surveillance evidence, tax returns, etc.)

You can e-file your application.

What is e-File?

LAT-AABS e-File is a tool that allows parties to file materials electronically using an online form. e-File allows the submission process to be more efficient, timely and cost effective, as the system is directly integrated into LAT-AABS case management system and parties can pay online.

To access e-File, click e-File.

What happens after I file an application?

The application will be reviewed for the following:

All required documents have been submitted along with a complete application;
All required processing fees are paid; and
Documents are received within the time limitation in accordance with any applicable legislation.

In the case of an incomplete application, the Case Management Officer will issue a letter advising the applicant of missing information or materials. The applicant has 10 business days to submit outstanding materials.

AABS will also provide parties with available dates for an upcoming oral adjudicative event. Parties can then select three preferred dates for consideration.

What is a response request?

AABS will write to the respondent and include a Response Form (and a Declaration of Representative) to be filled out. The Response Form requests the contact information of the respondent and/or their representative, and also asks that the respondent address the issues raised by the applicant.

This form is due 14 days after the respondent is served with the LAT-AABS Claim, or within such other period as may be specified by the Tribunal.

Canvassing-based Scheduling Model

How will I be canvassed for my available dates?

Parties will receive an email that provides available dates for an upcoming oral adjudicative event. Parties can then select three preferred dates for consideration. Parties must respond within 3 business days. This process will be fully managed by the LAT-AABS Scheduling Unit.

Counsel says they can’t hold their available dates for long, how quickly will they receive the Notice of Case Conference/Oral Hearing?

The tribunal will issue the Notice of Case Conference/Oral Hearing within 5-10 business days following receipt of parties’ availability.

What if the parties do not respond to the canvassing email and do not provide mutually agreeable dates?

The tribunal will schedule the case conference/oral hearing based on earliest availability. Please note that adjournments will be granted sparingly.

If I want to change my scheduled case conference/oral hearing date after receiving notice, do I have to submit an adjournment request?

Yes, you will have to submit an adjournment request form to our scheduling unit at AABSscheduling@ontario.ca. Your request will be considered by an adjudicator. Please note that adjournments will be granted sparingly.

Rule 16.1 says I must include three alternative dates in my adjournment request. How will this new scheduling model impact this requirement?

The tribunal will reach out to you to canvass new dates if your adjournment request is granted by an adjudicator. Please note that adjournments will be granted sparingly.

I put in my application before March 21, 2022. Will the tribunal ask me for my preferred dates?

Canvassing-based scheduling will be applied to all oral adjudicative events to be scheduled on or after March 21, 2022.

Case Conferences

What is the purpose of a case conference?

Case conferences run by LAT-AABS provide an opportunity for parties to attempt to settle their cases and, if a settlement is not reached, LAT-AABS can direct how a hearing proceeds in a fair and timely manner.

When and where will the case conference be?

Case conferences usually take place within 45-60 days of the application being received On March 21, 2022, LAT-AABS moved to a canvassing-based scheduling model for all oral adjudicative events. Parties will receive an email that provides available dates for an upcoming oral adjudicative event. Parties can then select three preferred dates for consideration. This process is fully managed by the LAT-AABS scheduling unit.

What accommodations are available for a case conference?

Disability-related accommodation and accessible alternative formats can be provided upon request to access and use Tribunals Ontario services, websites and documents. We are committed to continuously improving accessibility of the services we provide. Pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, Tribunals Ontario has developed its Multi-Year Accessibility and Accommodation Plan.

Will the case conference use caucusing?

LAT-AABS does not utilize a caucusing model (speaking to parties separately); rather all parties must be present during any conversation to ensure transparency.

Case Conference Outcomes

What are the possible outcomes after a case conference?

The goal of LAT-AABS is to help parties reach a resolution. However, there are multiple potential outcomes of a case conference:

Application is withdrawn.
Settlement is reached.
Case conference is adjourned or rescheduled.
The matter is referred to a hearing and procedural orders are made.

Can an application be withdrawn without prejudice?

Applicants have the right to withdraw an application and reapply within 2 years of the date of the initial denial of their claim for benefits. However, they may be charged an additional filing fee when they reapply. To avoid unnecessary withdrawals, we ask that parties only file an application when a case is ready to proceed with clear, concise and organized supporting documentation and come prepared to discuss a settlement or potential resolution.

Can a case conference or hearing be adjourned?

Yes. Adjournment requests must be made in writing by submitting an adjournment request form to the scheduling unit at AABSscheduling@ontario.ca. Your request will be considered by an adjudicator. The tribunal will contact the parties to canvass new dates if your adjournment request is granted. Please note that adjournments will be granted sparingly.

Proceeding to a Hearing

When and how is the hearing held?

A hearing is only held if parties are not able to resolve the matter at the mandatory case conference. Scheduling of events is managed by the LAT-AABS Scheduling Unit. Parties will receive an email that provides available dates for an upcoming oral adjudicative event. Parties can then select three preferred dates for consideration. Parties must respond within 3 business days.

At the start of the hearing the adjudicator may ask the parties if they are interested in attempting settlement discussions again. After the end of a hearing, the hearing adjudicator will make a final decision about the case, which will be sent to the parties later as a written decision. The Tribunal’s decisions are legally binding and must be followed by all parties.

What hearing formats are available?

LAT-AABS hearings can happen in writing, electronically (by videoconference or teleconference), in-person, or by any combination of these methods. The hearing format is determined on a case-by-case basis, by LAT-AABS at the case conference with input from parties. The parties have an opportunity to make submissions about the hearing format they prefer at the case conference. If a party requires a hearing in French, a bilingual Case Management Officer and Adjudicator will be assigned to the case. The hearing can be conducted wholly or partly in French. Interpretation services are also available upon request. Parties should provide as much notice as possible, in advance of a proceeding, to advise LAT-AABS if they require interpretation services.