H.A.-R. v. Aviva Insurance (16-003039)

The claimant brought an application before the LAT. One year following the case conference, the claimant withdrew the claim. The insurer sought its costs. Adjudicator Robert Watt reviewed Rule 19.1 and determined that withdrawing an application on the eve of a hearing did not constitute unreasonable, frivolous, vexations, or bad faith behaviour to warrant an award of costs. Access to justice was cited as a strong reason for denying the costs award and it was noted that a withdrawal will rarely, if ever, constitute behaviour warranting costs.