A.G. v. Aviva Canada Inc. (17-000270)

The claimant sought entitlement to medical benefits. At the case conference the parties were able to resolve the issues with the exception of costs, which the claimant continued to seek. Adjudicator Truong reviewed Rule 19.1 and affirmed that costs may only arise out of the Tribunal process. While the claimant argued the insurer failed to respond to correspondence during the proceedings in a timely matter, Adjudicator Truong ruled that such action did not meet the bar for a costs award.