The insurer brought a motion to dismiss the LAT application as abandoned; the claimant opposed the motion, and sought costs in response. The claimant was 64 years old, visually impaired, and did not speak English. The Case Conference took place on April 1, 2020. The written hearing was scheduled for November 30, 2020. In a motion order dated September 21, 2020, the claimant’s counsel was noted to be deceased, and the written hearing was adjourned to March 29, 2021. The claimant’s submissions were due on February 22, 2021. On February 26, 2021, the insurer’s counsel was advised that alternate counsel for the claimant was on maternity leave and the firm was in transition. No written submissions were provided and five months without communication ensued. At the motion hearing on April 13, 2021, new counsel for the claimant attended as agent and indicated they were not yet retained, but would be taking carriage of the claimant’s file. The motion had been adjourned several times to allow new counsel the opportunity to review the file and obtain instructions. The insurer argued that the claimant failed to comply with the deadline for submissions. The insurer argued it was prejudiced by the delay and nothing had been done to remedy the claimant’s contravention of the previous order. The claimant was under the impression his previous counsel was addressing the matter and was unaware of his previous counsel’s death. The claimant admitted to inadvertently missing the first written submissions. The claimant’s current counsel was not retained until April 13, 2021 and took immediate steps to remedy the situation. Vice Chair Maedel granted the claimant’s motion for costs in the amount of $250. The insurer was found to have acted in bad faith and ignored the material changes in the circumstances. The insurer continued to move the motion, which lacked merit, and which interfered with the efficient, effective hearing process.
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