Applicant v. TD General Insurance Company (16-002706)

The insurer sought entitlement to costs after the claimant withdrew an application before the LAT. The claimant also sought costs for having to resist the insurer’s costs motion. Adjudicator Belanger-Hardy noted that a withdrawal of an application alone will rarely, if ever, be a sufficient basis on which the Tribunal will make a costs order. Additionally, neither party led evidence of unreasonable, frivolous or vexatious behaviour or conduct in bad faith pursuant to Rule 19. No costs were awarded.