Ontario personal injury lawyer Gary Mazin won a significant appeal Friday, June 21 in Mary Shuttleworth v. Ontario
TORONTO, ONTARIO, CANADA, June 25, 2019 /EINPresswire.com/ — Ontario injury lawyer Gary Mazin secured a notable victory for a client who was catastrophically injured in a car accident seven years ago with a successful appeal on June 21, 2019. The Court of Appeal for Ontario upheld the landmark decision of Mary Shuttleworth v. LAT, an appeal that had found that the client’s injuries did meet the 55% threshold for catastrophic injuries in Ontario. This dismisses the LAT’s appeal of the Divisional Court’s assertion that LAT’s decision-making process in Mazin’s client’s case created a reasonable apprehension of lack of independence. The client will now be able to receive up to $1 million in damages for her severe head and back injuries sustained in a head-on collision in 2012.
In April 2017, an adjudicator of the License Appeal Tribunal (LAT), which is part of the Safety, Licensing Appeals and Standards Tribunal of Ontario (SLASTO), a government body of tribunals that resolves disputes concerning compensation claims, held that Mazin’s client’s injuries were at 51%, short of the 55% impairment threshold required to qualify as catastrophic.
While that was a disappointing blow to Mazin’s client’s case, as she was not able to recover the compensation she deserved, it certainly was not the end.
A turning point occurred when Gary Mazin got an anonymous tip in the mail. This note from a whistleblower claimed that the LAT adjudicator did not make a decision independently, as required by law. The adjudicator initially sided with Mazin’s client, but she was pressured to rule in favor of the insurance company. Her initial finding was changed by the executive chair of SLASTO.
Mazin filed an access request and found that LAT had a process imposed where the legal department would send the LAT executive chair certain rulings to review. Emails confirmed that the chair had reviewed Mazin’s client’s decision, and a LAT adjudicator told the executive director that she was “revising it.”
Gary Mazin then brought an application for judicial review of the ruling, arguing that it was not made by an independent decision-maker. The Divisional Court held that a peer-review process alone did not create a lack of independence. The Divisional Court decision was appealed in Shuttleworth v. LAT in June 2018, when it was found that the LAT had not handled the case consistently in regard to its decisions being independent. Because of that ruling, Mazin’s client received a second review of her injuries with a different LAT adjudicator. On Friday, the Court of Appeal for Ontario upheld Mary Shuttleworth v. LAT decision, proving that she was catastrophically injured.
The entire team at Mazin & Associates are very pleased with the result for our client and want to help those in Ontario struggling with similar cases. If you have been injured in a car accident in Ontario due to another driver’s negligence, reach out to the experienced accident lawyers at Mazin and Associates today. Call us today at (416) 625-2122 to learn how we can help.
Source: EIN Presswire