S.M. v. Certas Direct Insurance Company (18-000426 and 18-000423)

The claimant requested reconsideration of a Motion Order, in which Vice Chair Hunter granted the respondent’s motion to adjourn a written hearing scheduled for December 2018. The claimant submitted that reconsideration was warranted because the Tribunal erred in granting an adjournment in respect of the addition of treatment plans when none were in issue, the decision gave rise to a reasonable apprehension of bias, and the delay in the proceeding had resulted in prejudice to the claimant. Associate Chair Batty denied the request for reconsideration, concluding that the claimant had failed to establish grounds for reconsideration. He ordered the parties to comply with the Vice Chair’s Order, noting that a party seeking a reconsideration has a high onus to meet and that inconsequential procedural or substantive errors do not qualify for reconsideration.