Vice Chair Flude released a decision in which he found the claimant’s motion moot, and requested submissions on costs from the insurer. The LAT Rules consider costs as a deterrent for a party that “has acted unreasonably, frivolously, vexatiously, or in bad faith” in a proceeding. Vice Chair Flude concluded that the claimant acted unreasonably and in bad faith in bringing a motion for relief previously denied by the Tribunal with no new grounds and, during the hearing, making a collateral attack on another Tribunal Order. Vice Chair Flude ordered the claimant to pay costs to the insurer in the amount of $1,000, which he felt would have sufficient deterrent effect.
