What the LAT is and what it decides
The Licence Appeal Tribunal (LAT) is an Ontario tribunal within Tribunals Ontario. Its Automobile Accident Benefits Service (AABS) hears disputes between people injured in car accidents and their insurers over statutory accident benefits — medical and rehabilitation funding, attendant care, income replacement, catastrophic-impairment determinations, and the rest of the SABS package.
Since April 1, 2016, the LAT has exclusive jurisdiction over these disputes. Before that date, claimants could go to the Financial Services Commission of Ontario (FSCO) for mediation and arbitration, or sue in court. The 2016 reform funnelled essentially all accident-benefit disputes into the LAT and removed the court option for them.
Why it replaced the courts for accident benefits
The move to the LAT was meant to make accident-benefit disputes faster and cheaper to resolve than civil litigation. The tribunal is designed to be more accessible: claimants can represent themselves, hearings can be conducted in writing or by videoconference, and the process is meant to be less formal than a courtroom.
One important consequence: you generally cannot sue your own insurer in court over a denied accident benefit. The LAT is the venue. (A separate tort lawsuit against the at-fault driver for pain and suffering still goes to court — that is a different claim against a different party.)
The limitation period that ends claims
A LAT application generally must be filed within two years of the insurer’s refusal to pay the benefit in dispute. The clock starts from the date of the denial, not the date of the accident.
This is the single most dangerous trap in the process. An insurer’s denial letter starts a two-year limitation period, and missing it can permanently bar the claim. Courts and the tribunal have some limited discretion to relieve against a missed deadline, but it is not guaranteed — the safe assumption is that the two-year clock is hard.
Because the denial triggers the clock, keep every letter from your insurer and note the date of any refusal. If a benefit is denied, the time to consider a LAT application is then — not after treatment has run its course.
How a LAT dispute actually runs
A dispute starts with an application to the AABS. The tribunal then schedules a case conference — a mandatory settlement-and-scheduling meeting where many disputes resolve before a full hearing.
If it does not settle, the matter proceeds to a hearing, which may be in writing, by videoconference, or (less commonly) in person, depending on the issues. The tribunal issues a written decision. Either side can request a reconsideration of the decision, and a further appeal to the Divisional Court is available, but only on questions of law.
Documentation decides most files: medical records, the disability certificate (OCF-3), treatment plans (OCF-18), and assessments. Disputes are won and lost on whether the paperwork connects the benefit claimed to the injury sustained.
Frequently asked
Can I sue my insurer in court instead of going to the LAT?
Generally no. Since April 1, 2016, the LAT has exclusive jurisdiction over statutory accident-benefit disputes in Ontario — the court route for these claims was removed. A lawsuit against the at-fault driver for pain and suffering (a tort claim) is separate and still goes to court, but a dispute with your own insurer over accident benefits goes to the LAT.
How long do I have to bring a LAT dispute?
The general rule is two years from the date your insurer refused to pay the benefit in dispute. The limitation period runs from the denial, not from the accident. Missing it can permanently bar your claim, so the denial letter is the document to act on.
Do I need a lawyer to go to the LAT?
No — the LAT is designed to allow self-representation, and many claimants proceed without a lawyer, especially on smaller disputes. That said, for catastrophic-impairment determinations and high-value or complex files, represented claimants generally fare better because the medical and procedural issues are technical.
Does the LAT handle disputes about who is at fault?
No. The LAT deals with accident benefits — what your own insurer owes you regardless of fault. Fault determinations for premium and tort purposes, and lawsuits against an at-fault driver, are handled elsewhere (the Fault Determination Rules and the civil courts respectively).