Ummugulsum Yatar v. TD Insurance Meloche Monnex, et al.
(Ontario) (Civil) (By Leave)
Administrative law - Boards and tribunals, Appeals, Judicial review - Administrative law — Boards and tribunals — Licence Appeal Tribunal (LAT) — Appeals — Judicial review — Appellant injured in motor vehicle accident, insurer denying claim for benefits — LAT dismissing appellant’s benefits claim — Appellant simultaneously appealing on questions of law and seeking judicial review on questions of fact and mixed fact and law — Whether the Court of Appeal erred in concluding that the legislature’s decision to limit the right of appeal to pure questions of law restricted the availability of judicial review concerning other questions to rare or unusual cases — Whether the Court of Appeal erred in concluding the adjudicator’s decision was reasonable — Licence Appeal Tribunal Act, 1999, S.O. 1999, c. 12, Sch. G — Insurance Act, R.S.O. 1990, c. I.8 — Judicial Review Procedure Act, R.S.O. 1990, c. J.1.
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Appellant Ummugulsum Yatar was injured in a motor vehicle accident. Ms. Yatar applied to her insurer, TD Insurance Meloche Monnex (hereafter, “TD”) for housekeeping and home maintenance benefits, as well as income replacement benefits (IRB). TD initially paid those benefits.
About a year later, following insurance medical examinations, TD denied Ms. Yatar’s claim for housekeeping and home maintenance benefits. Several months after that, TD denied her IRB claim. Ms. Yatar brought an application before the Licence Appeal Tribunal (LAT) to challenge the denial of her insurance benefits claim. The application was dismissed. She requested a reconsideration of the LAT decision, which was also dismissed.
Ms. Yatar then brought an appeal on questions of law and an application for judicial review of the LAT reconsideration decision before the Divisional Court. The court dismissed both the appeal and the application. The Court of Appeal dismissed Ms. Yatar’s appeal from the Divisional Court’s decision.
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