Diamond & Diamond Secures Two Appeal Tribunal Decisions Involving Catastrophic Impairment Claims

TORONTO, Aug. 17, 2026 /CNW/ -- Diamond & Diamond Lawyers has secured two recent Licence Appeal Tribunal decisions involving clients with catastrophic impairments following serious motor vehicle accidents.

The decisions come amid a challenging environment for injured applicants at the Licence Appeal Tribunal. An analysis of 2024 LAT decisions found that injured applicants were successful in just 8% of cases, compared with a 74% success rate for insurers.

In Guido v. Intact Insurance Company, the Tribunal found that the applicant was catastrophically impaired under Criterion 8 of the Statutory Accident Benefits Schedule. Lawyer Allan Cocunato, along with senior paralegal Nastassia Ivanova, represented the applicant.

Following a September 2021 accident, the central dispute was whether the applicant's mental and behavioral impairments met the catastrophic impairment threshold. The parties agreed that he had marked impairments in activities of daily living and adaptation, leaving concentration, persistence and pace as the main issue.

The insurer pointed to pre-existing depressive symptoms, drug use and incarceration. The Tribunal found that the evidence did not establish a clear connection between those circumstances and a pre-existing impairment in concentration, persistence and pace.

Functional testing showed that the applicant could focus for limited periods but had significant difficulty persisting with tasks. The adjudicator found this amounted to a Class 4, or marked, impairment. Combined with the two undisputed marked impairments, the applicant was designated catastrophically impaired.

In Brugger v. McKillop Mutual Insurance Company, lawyer Corey Sax and paralegal Gjergji Laloshi represented a client whose catastrophic impairment had already been accepted following a December 2020 collision.

The client's vehicle was struck by a transport truck and moved approximately 40 feet from the point of impact. She was hospitalized for 11 days and sustained fractures, a concussion, urinary incontinence and psychological impairments.

Although the insurer accepted the catastrophic impairment designation, it disputed whether the treatment plans before the Tribunal were reasonable and necessary. The Tribunal approved seven of eight disputed plans, including occupational therapy, an in-home assessment, case management, speech-language services and physiotherapy.

The approved plans totaled $27,389.35, together with interest on overdue benefits. A rehabilitation-assistant plan was denied after the Tribunal found that it duplicated services addressed through other approved care.

The Guido and Brugger decisions were released July 7 and July 10, 2026, respectively.

About Diamond & Diamond Lawyers

Diamond & Diamond Lawyers is Canada's largest injury firm with decades of experience representing clients in personal injury matters. With offices across multiple provinces and a team of more than 160 lawyers, paralegals and support staff, the firm represents clients in matters including motor vehicle accidents, brain injuries, wrongful death, disability and insurance disputes.

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Media Contact: Jordan Whelan, Grey Smoke Media, [email protected]