Category: Costs

The claimant sought entitlement to medical benefits and then she withdrew at a case conference, after the insurer objected to her non-attendance at an IE. The claimant then brought another LAT application for medical benefits. The insurer reiterated its objection that the claimant failed to attend a rescheduled IE, and she again withdrew at the case conference. The insurer requested costs. Adjudicator Anna Truong found that the second application for arbitration was frivolous, vexations, and unreasonable, under Rule 19. While the insurer requested $5,000.00, it was awarded $500.00, as Adjudicator Truong held that the award of costs is not meant to be an assessment of actual costs; rather, it is a deterrent.

The claimant withdrew his claim for accident benefits at the Case Conference following revelations that he had not disclosed previous medical issues to IE assessors or during an examination under oath. The insurer sought its costs. Adjudicator Shapiro denied the insurer’s requests for costs, given the claimant’s limited English skills and cognitive difficulties.

The insurer sought costs after the claimant failed to participate in the Case Conference on three occasions. Adjudicator Johal rejected the insurer’s arguments, and noted that the changes to the Insurance Act limited the LAT’s jurisdiction to award costs in comparison to a FSCO arbitrator’s jurisdiction. The adjudicator also wrote that the non-attendance by an applicant at a Case Conference would rarely be considered conduct that would justify a costs award.

The claimant withdrew his LAT application the morning prior to the Case Conference. The insurer sought costs. Adjudicator Johal concluded that there was insufficient evidence that the claimant had acted in a frivolous or vexatious manner or in bad faith in the LAT proceedings, and that behaviour by the claimant prior to the LAT litigation was not relevant to the issue of costs.

The claimant withdrew her claims during the Case Conference. The insurer sought costs. Adjudicator Nemet agreed that the Tribunal could award costs at any point after the application had been filed with the LAT, but that the circumstances of the claim did not warrant costs because the claim was not unreasonable, frivolous, vexatious, or made in bad faith.

The claimant initiated a proceeding at the LAT. At the case conference the claimant was ordered to provide a number of requested productions and provide written submissions. The claimant missed the deadline as ordered by the adjudicator and subsequently withdrew. The insurer sought costs. Vice Chair Terry Hunter did not award costs and reiterated the principle that “a withdrawal of an application alone will rarely, if ever be sufficient basis on which the Tribunal will make a cost order.”

The claimant left the country prior to a scheduled hearing and had failed to communicate with her counsel. The hearing was adjourned to a later date. The insurer was awarded costs of $700 by Adjudicator Bickley, who concluded that the claimant’s actions had caused unnecessary expense and delay.