The claimant appealed the Tribunal’s decision that she was not entitled to certain benefits. Her primary argument was that she was denied procedural fairness when the Tribunal refused to require the insurer to present its IE assessor for cross-examination. The Tribunal upheld its original decision on reconsideration. After the claimant commenced this appeal, the Tribunal began a second reconsideration procedure and concluded that the original decision should be vacated and returned to an adjudicator for a new hearing. The Court held that the Tribunal could not commence a second reconsideration procedure because the time elapsed after the first reconsideration was too long (over 18 months) and because initiating a second review after the appeal process had started breached the finality principle. The proper course was for the Tribunal to participate in the appeal and make submissions for the overturning of the initial decision. The Court quashed the second reconsideration as being beyond the jurisdiction of the Tribunal. The matter was returned to the Tribunal for a new hearing because the original decision and first reconsideration were also quashed by the Court in oral reasons given immediately after arguments.
