The claimant sought reconsideration of the underlying Tribunal decision, in which the adjudicator concluded that the ATV the claimant was occupying at the time of the accident was not an “automobile,” and that the claimant was therefore not entitled to accident benefits. Executive Chair Lamoureux allowed the reconsideration and remitted the matter to a new adjudicator for a new hearing. She reasoned that the initial adjudicator failed to consider various documentary evidence and failed to analyze that evidence in the context of the OAP1 and the Sale of Goods Act. Executive Chair Lamoureux did uphold the adjudicator’s decision that estoppel did not apply (i.e. that the insurer was not required to continue paying accident benefits simply because it had started paying accident benefits upon receipt of the OCF-1), and re-iterated that the LAT did not have jurisdiction to exercise equitable relief. The LAT’s purpose was to adjudicate the claimant’s entitlement to benefits based on the terms of the SABS.
