Atkinson v. Economical, 2026 ONSC 2605
In a case with a complex history, the LAT initially denied motor vehicle accident benefits to Ms. Atkinson at a hearing in which it relied on a medical report where the assessor was not produced for cross-examination. It then dismissed a reconsideration request. After Ms. Atkinson commenced an appeal and judicial review, the LAT undertook a second reconsideration in which it recognized the procedural unfairness and quashed its earlier decisions. In the meantime, Ms. Atkinson had unsuccessfully applied to the Human Rights Tribunal over how her injuries were assessed.
The court quashed all the decisions of the LAT and the HRTO. The court ruled the LAT had no jurisdiction to initiate the second reconsideration more than a year after its first decision. The original LAT decision and the first reconsideration were quashed by agreement of the parties because of the procedural unfairness. The HRTO decision and reconsideration were quashed as they were based on the quashed LAT original decision and first reconsideration. The matters were remitted back to the LAT and HRTO.