The claimant sought judicial review of the Tribunal’s decision regarding the quantum of ACBs awarded, and entitlement to various medical benefits. The insurer argued that the decision should have been appealed, rather than the subject of judicial review. The Court agreed with the insurer, holding that judicial review was not warranted and that the Court should not convert the matter into an appeal given that the proposal had not been raised by counsel at any time prior to the hearing. The Court dismissed the judicial review, without prejudice to the claimant’s ability to appeal the Tribunal’s decision.
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