02/17/2026
LAT Grants Reconsideration Request for Attendant Care Benefits for a Car Accident Survivor
Congratulations to BTL partner Laurie Tucker for successfully convincing the Licence Appeal Tribunal to reconsider its decision and approve much needed attendant care benefits for meal preparation and feeding assistance for our client.
In Lee v. Co operators General Insurance Company, 2026 ONLAT 23 009843/AABS R, Vice Chair Craig Mazerolle acknowledged the high threshold for reconsideration under the Licence Appeal Tribunal Rules and granted it.
The Tribunal agreed with Ms. Tucker that the original adjudicator erred by focusing almost exclusively on the client’s physical ability to shop and cook, while overlooking the significant cognitive and psychological challenges that made safe and consistent meal preparation impossible. As Vice Chair Mazerolle noted, the adjudicator “did not demonstrate an accurate understanding of the applicant’s claim.”
As a result, the Tribunal approved $448.49 per month in attendant care benefits, effective April 18, 2023, and ongoing, covering 1 hour per day for meal preparation and feeding assistance.
While the Tribunal found that our injured client established an error of fact or law in the adjudicator’s denial of the treatment plans for meal preparation and delivery, it determined that these treatments plans were not necessary given the approval of attendant care benefits. It is unfortunate that the Tribunal did not fully recognize the difference between preparing and eating a meal versus planning, organizing, and sourcing ingredients, which often requires greater energy, motivation, and cognitive capacity.
Still, this reconsideration is an important victory for injured individuals. For many accident survivors, barriers to nutritious meal preparation go far beyond physical limitations. Symptoms such as pain, fatigue, cognitive impairment, anxiety, low mood, and feeling overwhelmed can all interfere with safe, consistent and adequate meal preparation. Having proper attendant care ensures injured individuals receive the nutrition needed to support recovery, sleep, and participation in rehabilitation.
Another step forward in ensuring fair access to accident benefits for those who need them most.
