This is a reconsideration of the LAT’s failure to consider a request for costs by the insurer following the claimant’s withdrawal of a LAT application. Executive Chair Lamoureux concluded that it was a violation of procedural fairness for the Tribunal to have failed to consider the insurer’s request for costs. The matter was sent back to an adjudicator for consideration. However, Executive Chair Lamoureux wrote that the withdrawal of a LAT application would rarely, if ever, be a sufficient basis on which to award costs.
