Recent LAT Success Rates decreasing again for Applicants

This week, the Ontario Trial Lawyers Association published an astonishing statistical analysis highlighting deeply troubling trends at the License Appeal Tribunal (LAT). The report prepared by HEALTH examined LAT decisions from 2016 to 2024. In total, they reviewed over 5,670 substantive decisions, 891 reconsideration decisions, and 144 judicial appeals/reviews.

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For reconsiderations and Judicial Appeals:

Upheld	Rehearing	Varied	Overturned
Reconsiderations (892)	704	79%	38	89	61	21%
Judicial Appeal/Review (144)	101	72%	24	5	11	28%

The report also provided success rates per issue, for 2023:

For Applicant	For Respondent	Split	Total	% for Applicant	% for Respondent	Split
MIG	280	1,134	0	1,414	20%	80%	0%
IRB – Pre 104	88	344	3	435	20%	79%	1%
IRB Post 104	39	115	2	156	25%	74%	1%
CAT – Pre June 2016	31	42	0	73	42%	58%	0%
CAT – Post June 2016	8	51	0	59	14%	86%	0%
MED - Rehab	357	1,034	635	2.026	18%	51%	31%

The report also analyzed the success rates per issue for 2024:

For Applicant	For Respondent	Split	Total	% for Applicant	% for Respondent	Split
MIG	370	1,536	0	1,906	19%	81%	0%
IRB – Pre 104	98	378	4	476	21%	79%	1%
IRB Post 104	46	159	4	209	22%	76%	2%
CAT – Pre June 2016	31	42	0	73	42%	58%	0%
CAT – Post June 2016	16	92	0	108	15%	85%	0%
MED - Rehab	398	1,330	756	2.484	16%	54%	30%

The report finally reviewed the 20 busiest Adjudicators by volume and found that on average their decisions were at least 85% for the respondent/insurance company.

The report's dramatic findings of the LAT decisions should be alarming to all Ontarians.

We urge an immediate call to action of all our residents to contact their local MPP to stand up for Ontarians and their rights for fair treatment by the LAT as victims of motor vehicle collisions and payors of car insurance premiums.

If you or a loved one has been injured in a collision, you may be entitled to receive the help you deserve. Contact JRJ LAW at 1 (844) DIAL JRJ and a member of our team will be happy to assist you.