C.J. v. The Personal Insurance Company of Canada (16-002815)

The insurer sought an order for costs given the claimant twice failed to meet the filing deadlines prescribed by the case conference adjudicator. The representative of the claimant indicated that the deadlines were missed due to workload and illness. A doctor’s note was produced but did not provide an explanation as to why the claimant’s representative was unable to meet the deadlines. Adjudicator Rebecca Hines reviewed Rule 19 and accepted the medical note as proof the claimant’s representative was suffering from an illness. Making an order for costs would not be in line with procedural fairness and natural justice. Costs were not awarded and the request dismissed.