T.T. v. Aviva Insurance Company (17-002535)

The insurer sought reconsideration of the Tribunal’s award of $300 in costs related to the failure to comply with production of documents. Vice Chair Kershaw granted the reconsideration. She held that the Case Conference Order did not provide a disclosure deadline for the production of documents, so the insurer was not in breach by delivering a surveillance report shortly before the hearing. Further, the Tribunal’s decision to exclude the late surveillance was a sufficient remedy; costs were not additionally warranted.