Applicant v. Intact Insurance Company (16-003927)

The claimant had requested an adjournment of a hearing scheduled for July 2017 to be moved to November 2017 to allow the parties to attend a global mediation. The Case Management Officer (CMO) had denied the request. Following the denial, the claimant’s counsel also told the LAT that their expert witness would be on vacation over the dates the hearing had been scheduled. On reconsideration, EC Lamoureux granted the request for adjournment, but on the basis that the claimant’s expert would be unavailable. She considered this to be new evidence or information that, if previously known, would have affected the Tribunal’s decision.