ZTGH NewsLATter June 2023

June 30 2023

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LAT CASELAW - June 2023

Welcome to your June 2023 NewsLATter. All of us at ZTGH are wishing you a safe and relaxing Canada Day long weekend.

In this issue:

Listen to our LAT Podcast on Emerging Trends at the LAT
Read about whether the Tribunal needs to fulfill consumer protection duties
Learn what the LAT says is the appropriate attendance fee for an IE assessor summoned by the Applicant

In June, our LAT team produced a 1 hour webinar on emerging trends, in particular the LAT's apparent departure from never awarding costs. Click here to listen to the webinar on-the-go on your Spotify app.

Personal Testimony at a Hearing is Important, but at the LAT - Impairments Must Be Supported by Evidence

Associate Joshua Edmunds and Summer Student Sawarn Benning blog about a recent LAT dispute regarding a catastrophic determination. Counsel argued that significant weight should be placed on testimony of the applicant in order for the Tribunal to fulfill consumer protection duties. The LAT disagreed and noted that it relies on evidence to determine impairment.

Read about the importance of this decision on our website.

LAT Orders Applicant to Pay $350 in Hearing Attendance Fees to Each IE Assessor She Summoned

Alexander Dos Reis blogs on the matter of Najem-Youssef v. Co-operators General Insurance Company, 2023 CanLII 52358 addresses the question of: what is the appropriate hearing attendance fee for an applicant to pay to an IE assessor when it is the applicant, not the insurance company, who summoned the IE assessor to testify before the LAT? The answer is: $350 per day.

Read the complete blog here.

ZTGH Spotlight Series - Brian Yung

The ZTGH Lawyer spotlight is on our partner, Brian Yung. This year, Brian has been on trial or in a hearing more times than we can count. He is co-chair of our Special Investigations practice group, co-chair of our Articling Student committee, and an all around exceptional litigator. Fun fact about Brian: he can find the most random email you sent him ten years ago in 5 seconds flat. We once hosted a lunch and learn with Brian to try and pick his brain on his incredible outlook organizational system. Alas, I think he is super human.

Here is what our team says about Brian:

“As a junior lawyer, it was a privilege assisting and learning from Brian and during our recent three week trial in Brampton. Our successful outcome in this matter is a testament to his organization, knowledge and skill as a litigator.” - Josh Edmunds

"I have been Brian’s assistant the last seven years and counting. It shouldn’t surprise me anymore that Brian has a many unique traits. His work ethic, organization and memory of the most random things still makes we wonder if he is even human. It has also inspired me to be the best version of myself to keep up with him." - Ashley Goncalves.