The matter had previously been set down for a five-day hearing to commence on June 7, 2021. On June 7, 2021, counsel for the claimant authored an email to the LAT and the insurer’s counsel stating that the claimant was withdrawing the LAT Application. The claimant did not submit a formal Notice of Withdrawal. The insurer had incurred significant costs preparing for the hearing, including preparation of witnesses and obtaining a court reporter. The insurer requested costs under Rule 19.2, alleging that the claimant had acted unreasonably. Adjudicator Watt ruled in the favour of the insurer, finding that the claimant acted unreasonably by waiting until the day of hearing to deciding not to proceed with the Application, when they had ample time beforehand to make such a decision. Adjudicator Watt also noted that the failure to file a formal Notice of Withdrawal interfered with the Tribunal’s ability to carry out a fair and efficient and effect process. Adjudicator Watt noted that Rule 19.6 restricted costs to $1,000.00 for each full day of attendance at a hearing, and awarded the insurer the full sum of $1,000.00.
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