Mazin & Associates, PC Wins Unprecedented Second LAT Review of Client’s Injuries
In a landmark decision this June, the Ontario Superior Court of Justice ordered the Licence Appeal Tribunal (LAT) to rehear a catastrophic injury claim in the case of Shuttleworth v. License Appeal Tribunal. The injury victim will have a second chance at recovering the full extent of compensation she needs and deserves, thanks to an anonymous tip she received and hard work on the part of her lawyer, Gary Mazin, founder of Mazin & Associates, PC.
If you have been injured in an accident in Ontario, you want a lawyer who will go the extra mile for you. This recent case is just one example of the hard work, dedication, and outside-the-box thinking that the Ontario personal injury lawyers of Mazin & Associates, PC put into every single case that comes their way. For more information on how we can help you, call us now at (416) 625-2122.
UPDATE: Gary Mazin Wins Appeal in Shuttleworth v. LAT landmark case.
Our client was the victim of a horrific car accident
Our client was sitting in the front passenger seat of a car that was hit in a head-on collision. She suffered severe injuries as a result, both physical and psychological. Because Ontario law requires all drivers to carry no-fault insurance plans, she did what any accident victim would do: file a claim with her insurance company. Because she sustained very serious injuries in the accident, she stated in her claim that she had suffered ‘catastrophic injuries,’ which would increase the amount of compensation she could recover from $50,000 of medical and rehabilitation benefits and $36,000 of attendant care benefits to $1 million. Her insurance company denied that her injuries were catastrophic to reduce the amount they would have to pay her. Since the two sides could not reach an agreement, they took their dispute to the LAT, which handles these sorts of cases.
All our client wanted was a chance at the compensation she needed
A LAT adjudicator heard the client’s catastrophic injury case in September of 2016. After taking some time, the LAT released its final decision in April of 2017 holding that our client’s injuries did not meet the 55 percent impairment threshold needed to qualify as catastrophic. We were devastated, as it meant that our client could not receive the full extent of the compensation she needed.
Then came an anonymous note in the mail, sent with no return address. This note claimed that the adjudicator in our client’s case did not make her decision independently as required by law, allowing her initial finding to be changed by the executive director of the Safety, Licensing Appeals and Standards Ontario (SLASTO). Personal injury lawyer Gary Mazin could sense that something was wrong, so he took action.
Gary Mazin uncovered emails proving the case was improperly handled
After the anonymous note, Gary Mazin made an access to information request, asking the LAT for any documents it had about our client’s case. What he found were two emails between the adjudicator and the executive director showing that the executive director had suggested revisions to the initial decision, which could have possibly included a different result. This is a problem, because the law requires LAT adjudicators to make independent decisions in the cases they hear.
Because of his efforts, Gary Mazin won our client a second chance
The Ontario Superior Court of Justice heard our client’s application for review in April and released the decision on Shuttleworth v. LAT in June. The decision found that the way the LAT handled this catastrophic injury case was inconsistent with the requirement that its decisions be independent. Because of this ruling, our client will get a second review of her injuries with a different LAT adjudicator. This means a second chance to prove that she was catastrophically injured — a second chance to increase her recovery limits to $1 million.
The Ontario personal injury lawyers of Mazin & Associates, PC can help you, too
Winning our client an unprecedented second chance was no easy feat, but Gary Mazin and the rest of our legal team were up to the challenge. At Mazin & Associates, PC, our Ontario personal injury lawyers have the experience, dedication, and creativity it takes to find solutions for our clients. We persevere through every step of the claims process to help personal injury victims receive the compensation they need and deserve. If you or someone you love has been injured in a car crash or other accident in Ontario, call us today at (416) 625-2122 for more information on how we can help you.
Download Shuttleworth vs. LAT PDF
Past results are not necessarily indicative of future results and the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
- January 22, 2020 – Outsized award against insurer should incentivize fairness in LAT, says lawyer
- September 27, 2018 – Lat System “Broken” – Law Times