Economical Insurance Co. v. Abou-Gabal, 2026 ONSC 42
In this case, the Divisional Court found a reasonable apprehension of bias to exist and remitted the merits to a new adjudicator. The case involved an appeal on behalf an individual with severe autism, which resulted in significant impairment and disability. The issue in the case was whether the Insured suffered additional catastrophic impairment because of a minor motor vehicle accident. The adjudicator in the case had, prior to his appointment to the LAT, a lengthy history in advocating for supports for individuals with autism and for more support for their caregivers, including writing articles. After his appointment, the adjudicator wrote an article advocating for more supports for caregivers and outlining his own experience with his brother who had severe autism. This was sufficient to raise an apprehension of bias. Although the Insured did not raise the bias issue until after the LAT’s decision was released, the objection was not barred since the adjudicator himself should have recognized the existence of a reasonable apprehension of bias and recused himself at the outset of the hearing.