Having the Right Legal Representation for the LAT

By Roger Foisy on February 10th, 2023

If you need to go through the Licence Appeal Tribunal (LAT), it is essential to have a representative who can effectively advocate for you and protect your rights and interests. Without legal representation, you may be at a disadvantage and may struggle to present your case effectively. Although it is possible to represent yourself before the LAT, it is usually in your best interests to seek legal counsel to ensure that you are treated fairly and your rights are protected.

What is the Licence Appeal Tribunal?

The LAT is a quasi-judicial agency that reviews applications and resolves disputes related to compensation claims and licensing activities. It is composed of two divisions: the General Service division and the Automotive Accident Benefits Service (AABS). These divisions provide adjudicators who review appeals and try to resolve disputes between claimants and insurance providers.

For more information about the LAT, visit our LAT resources page.

Why do I need legal representation for the LAT?

Technically, you are not required to have a legal representative when you appear before the LAT.

At Roger R. Foisy & Associates, we strongly recommend that you retain the services of a legal representative, whether that be a paralegal or lawyer. Both paralegals and lawyers are governed by the same laws and principles, but there are some differences between the two types of legal representation.

Paralegals may seem to be a more affordable option than a lawyer, however in this area of law paralegals and lawyers charge the same or very similar contingency fee rates. It is important to note that paralegals are restricted in the types of benefits they can dispute before the LAT. Lawyers are able to represent clients in a wider range of case situations, specifically disputes involving the determination of catastrophic impairment.

If you have suffered serious injuries, it is especially important to hire an experienced lawyer who can effectively argue your case before the LAT. At Roger R. Foisy & Associates, we have worked extensively with the LAT and are confident in our lawyers’ ability to achieve the maximum compensation for our clients.

Why should I use a lawyer when I appear before the LAT?

The best choice for your advocate is one who understands the LAT and can represent you no matter your situation.

For effective advocacy before the LAT, you should strongly consider using a lawyer with experience and a thorough understanding of the regulatory framework and behaviours during an appeal. Your lawyer should have experience appearing before the LAT, including the completion of oral hearings. An experienced lawyer will have examined and cross-examined lay witnesses, treating witnesses and expert witnesses.

More importantly, an experienced lawyer will be able to guide you through the process where the opportunity of a fair and reasonable settlement can be achieved.  However, if an insurance company is unwilling to settle, an experienced lawyer will be able to properly represent you at the LAT hearing.

Additional Costs

Depending on the type of appeal you are advancing, your case may also require additional costs.

If you are appearing before the LAT for complex issues like income replacement benefits, attendant care benefits, or the determination of catastrophic impairment, you will need expert witnesses to provide the information you need to win your case.

Experts require payment for their reports as well as their testimony if they are to appear as an expert on your behalf at an oral hearing at the LAT. Some law firms including ours will advance the costs associated with hiring expert witnesses for your case, which can vary between $25,000-$35,000.

In these situations, your law firm requires the financial means to handle the expenses of third-party medical reports and expert testimony.

It is important to understand that the law firm you hire is prepared to fund these expenses in the event you are required to appeal your insurance company’s denial of your accident benefits.

If you or someone you love has been denied benefits by your automobile insurance provider, we encourage you to contact us for a free consultation. Roger R. Foisy & Associates is a team with extensive experience in handling complex personal injury and long-term disability cases, and are lawyers for the people who fight to receive maximum dollars for their clients.

Roger R. Foisy, Harpreet S. Sidhu, and Daniel Berman are Ontario Personal Injury Lawyers with extensive experience in motor vehicle accident cases. They are strongly supported by Rusald Laloshi, a senior paralegal who has also represented many clients before the LAT. If you have been injured in a motor vehicle accident, please get in touch with us for immediate support and a free consultation.

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