Aviva Canada Inc. v. Taylor (2017 ONSC 2661)

The insurer sought a stay of LAT proceedings while it sought judicial review of two LAT orders denying the insurer’s request for a hearing adjournment. Justice Kiteley denied the insurer’s motion. She ruled that the insurer’s request was premature, and that the LAT proceeding should reach its conclusion before the court system became involved. She reasoned that upon receipt of the LAT’s order following the determination of the legal issue, the insurer had a right of appeal on a question of law, which included questions of fairness and natural justice.