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Tort defendants responsible for accident benefit arbitration costs

Monday, May 15, 2017 @ 8:26 AM | By Darcy Merkur

Access to justice is being denied for injured Ontario motorists as a result of the mandated use of the Licence Appeal Tribunal (LAT) as the exclusive means to resolve all accident benefit disputes given that the LAT does not allow a claimant to recover any dispute costs. But, thankfully, the courts have found a back-door way to award arbitration costs to injured motorists as part of tort cost awards.

Effective April 1, 2016, the Ontario government controversially eliminated the option to advance accident benefit disputes in...