S.R. v. Aviva Insurance Company of Canada (16-000954)

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.

S.S. v. Travellers Insurance Company (16-003555)

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.

M.M. v. Wawanesa Mutual Insurance Company (16-000075)

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.

T.B. v. Aviva Insurance (16-001243)

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.

A.M. v. RBC General Insurance Company (16-000484)

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.”

M.B. v. RBC General Insurance Company (16-002963)

The claimant sought entitlement to a chronic pain program. The insurer brought a preliminary motion that the claimant had failed to attend an IE. Adjudicator Gottfried concluded that the IE notice was insufficient because it did not provide medical and other reasons for the IE, and that the claimant was not barred from seeking entitlement to the medical benefit.

Applicant v. Wawanesa Mutual Insurance Company (16-000433)

The insurer requested reconsideration of a costs award against it arising out of the failure to provide records. Executive Chair Lamoureux overturned the costs award, writing that the adjudicator’s decision was premised on incorrect facts (the dispute had been resolved at the time).

R.U. v. Aviva General Insurance Company (16-001649)

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.

A.A. v. State Farm Mutual Automobile Insurance Company (16-000448)

The claimant sought entitlement to social rehabilitation counseling services. The insurer denied the claim asserting (i) the limitations period barred the claim and (ii) the claim was already adjudicated at FSCO under a different date of loss. Adjudicator Sewrattan cited section 23 of the Statutory Powers and Procedures Act in precluding a party from proceeding with a claim if it is to prevent an abuse of process. Adjudicator Sewrattan found that the claimant had litigated the disputed treatment plan at FSCO. As a result, the claimant’s LAT claim would amount to an abuse of process and was therefore barred. The insurer, citing that the matter was an abuse of process sought costs. However, Adjudicator Sewrattan cited access to justice reasons, as well as the fact that the claimant was self-represented and genuinely believed the matter could proceed, as reason not to award costs.

R.U. v. Aviva General Insurance Company (16-001649)

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.