H. A-R v. Aviva Insurance (16-003039)

The claimant sought accident benefits, however, withdrew the claim the day before a case conference. As a result, the insurer sought costs. Adjudicator Robert Watt held that the insurer did not establish the claimant acted in an unreasonable, vexatious, frivolous, or bad faith manner, during the proceedings. The withdrawal of the claim, though inconvenient, does not rise to the level warranting costs. To do so would have negative access to justice implications.