Ontario Woman's Long Fight Exposes Auto Benefits Flaws

TORONTO - Ngoc My Ly endured a six-year legal fight to secure a settlement from her auto insurer after a 2019 car crash in the Toronto area left her with chronic pain, depression, dizziness and memory loss, exposing deep flaws in Ontario's system for resolving accident benefits disputes.

Ly initially sought statutory accident benefits from Aviva, which denied her treatment plan and claims for medical care, rehabilitation and lost income. She appealed to the Licence Appeal Tribunal, a quasi-judicial body established in 2016 to streamline disputes over no-fault benefits included in every Ontario auto policy. These benefits provide compensation regardless of fault, covering items like attendant care and income replacement up to caps based on injury severity. Starting this summer, some non-medical benefits will become optional add-ons.

The case gained attention when the assigned adjudicator ruled in Aviva's favor shortly after accepting a job with the insurer, prompting conflict-of-interest allegations in Ly's case and others. A new hearing was ordered, but it extended the ordeal and added costs, as the tribunal does not award legal fees to successful applicants. "So now not only...