At the case conference, the Adjudicator ordered the issues in dispute to be heard by way of a written hearing. After the respondent filed their submissions, in which it requested costs, the claimant withdrew their application from the Tribunal. The Tribunal proceeded to close the file without hearing the request for costs. The respondent sought reconsideration of the Tribunal’s decision to close the file as well as a hearing on costs, arguing that the Tribunal violated the rules of natural justice and procedural fairness. Vice-Chair Lester granted the request for reconsideration, but denied the request for costs. She found that the Tribunal’s decision to close the file without adjudicating the costs issue violated the rules of natural justice and procedural fairness. By closing the file, the Tribunal failed to allow the request for costs to be heard. However, the respondent failed to prove that the claimant acted unreasonably, frivolously, vexatiously, or in bad faith.
