March 24, 2026
Goovaerts (Litigation Guardian of) v. Motor Vehicle Accident Claims Fund, 2026 ONSC 1687
In this case, the issue was the amount of attendant care benefits owing to Mr. Goovaerts, who suffered a permanent brain injury after falling out of a moving pickup truck. The court ruled that the LAT improperly assessed the case based on the care Mr. Goovaerts was receiving rather than the care he needed. This departed from prior decisions and was unreasonable. The matter was sent back to the LAT for a new hearing.