In Nuroh v TD General Insurance Co. (Ont Div Ct, 2025) the Ontario Divisional Court allowed a LAT SABS joint appeal/JR, this brought against a LAT finding that the appellant/applicant were "not catastrophically impaired".
Here the court considered tribunal authority to control it's process:
[27] It is well-established that tribunals have the authority to control their own process and that courts accord deference to a tribunal’ procedural choices, so long as the requirements for procedural fairness are met Council of Canadians with Disabilities v. Via Rail Canada Inc., 2007 SCC 15, [2007] 1 S.C.R. 650, at para. 231. Due to their experience and expertise, tribunals are best placed to select among available procedural options based on their balancing of the competing interests of expeditiousness, cost-effectiveness and full participation: Baker, at para.27.
[28] The court should not be dictating what it considers to be the optimal procedure among the options that satisfy the duty of fairness. However, where in all the circumstances the requirements of natural justice and procedural fairness have not been met, this court will intervene.
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