The claimant filed a motion seeking to add punitive damages as an additional issue in dispute to the LAT application. The insurer argued that the Tribunal had determined on numerous occasions that it did not have the power to order punitive damages. After considering the legislation, Adjudicator Mazerolle agreed with the insurer that it was well decided that the Tribunal did not have the authority to add punitive damages to an accident benefits claim. The claimant would not be prejudiced by this decision and was entitled to argue any allegations of bad faith through her application for a special award.
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