Belair Insurance hit with maximum penalty after Tribunal finds 18-month MIG hold ignored concussion evidence
Ontario's Licence Appeal Tribunal imposed the maximum penalty on Belair Insurance for keeping a concussion claimant in the Minor Injury Guideline for 18 months.
In a decision released April 15, 2026, Adjudicator Tami Cogan awarded a 50 percent penalty under section 10 of Regulation 664 - the highest available - after finding the insurer had clear medical evidence of a concussion diagnosis and repeatedly chose not to act on it. At various points in the decision, the Tribunal described the insurer's conduct as "imprudent," "stubborn," "inflexible," "unyielding," and "immoderate," and found it "flies in the face of the consumer protection spirit of the legislation."
The case involved Brandon Ingram, who was in an automobile accident on June 29, 2023. He sustained a concussion. Before the accident, Ingram worked in sales - cold calling, client persuasion, data entry. Afterward, he reported persistent headaches triggered by light, sound, and concentration. He struggled with memory, had trouble managing his emotions, and saw his sales numbers drop. His employer kept him on at a base salary, but the position was eliminated when the regional office closed in January 2024.
The Tribunal's decision traced the insurer's claims handling step by step, and the timeline was not flattering. As early as July 2023, Ingram told the adjuster he had struck his head on the windshield. The vehicle owner had already confirmed the windshield was broken in the accident. By December 2023, the treatment provider submitted a discharge report flagging the need for intervention beyond the MIG. The adjuster's analysis and action plan, per the log notes, was to "continue to medically manage within the MIG at this time."
Over the months that followed, the insurer received records confirming the concussion from Ingram's family physician, Dr. Jonathan Moulton, and from concussion specialist Dr. David Mai, who recommended occupational therapy, cognitive behavioural therapy, neuro-optometry, and concussion physiotherapy for "concussion with ongoing symptoms." The Tribunal found the adjuster's notes identified these records but showed no indication their content was actually reviewed.
The insurer's own assessors did not help its case. Dr. Margaret White, a sports medicine physician, declined to comment on concussion symptoms, stating they fell outside her expertise, but still opined Ingram should stay in the MIG. Dr. Brandon Kucher, a neurologist, confirmed the concussion diagnosis yet said treatment beyond the MIG was not needed - despite having reviewed records showing Ingram was already receiving ongoing concussion care. The Tribunal found both assessments unhelpful and noted the insurer should have selected experts who could address the condition at issue.
Ingram was finally removed from the MIG on December 12, 2024, after a new adjuster took over and conducted a file review. Two occupational therapy treatment plans that had been denied on MIG grounds were never reconsidered.
Beyond the penalty, the Tribunal awarded income replacement benefits of $115.41 per week for a four-week period, partial approval of two occupational therapy plans totalling $3,881.45, and interest on overdue benefits. The section 10 award came to $1,980.22.
