The claimant was involved in a motor vehicle accident in 2005. In 2010, FSCO ordered the insurer to pay the claimant IRBs. On July 22, 2019, the insurer applied to the LAT to have the LAT vary or revoke the 2010 FSCO order. Adjudicator Adamidis found that the LAT cannot vary or revoke an order of FSCO unless the proceeding was commenced before June 8, 2019, pursuant to s. 22(1) of O. Reg. 180/19. Adjudicator Adamidis found that when the current Insurance Act came into force on April 1, 2016, section 22(1) provided authority to the LAT to amend FSCO Orders. However, as of June 8, 2019, new regulations came into force, and section 22(1) now explicitly states that no party may commence an application for a variation or revocation of an Order under subsection 284 of the pre-transition date Act. The application was dismissed.
Menu