The claimant withdrew her LAT Application on June 7, 2019, three days before the scheduled written hearing. On June 18, 2019, the claimant filed another Application disputing the same medical/rehabilitation benefits (but without the original claim for income replacement benefits or attendant care). At the case conference, the insurer raised a preliminary issue that the Tribunal application filed by the claimant was an abuse of process given that the four benefits in dispute were raised in a previous proceeding and were also withdrawn by the claimant. Adjudicator Johal concluded that the second LAT Application was not an abuse of process, particularly as the issues in dispute had never been adjudicated on their merits. He found that to dismiss the claimant’s Application without a hearing would be an extremely harsh result and would impede the claimant’s access to justice. A claimant is entitled to withdraw an application at any time, and does not need the consent of the insurer to do so.
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