S.S. v. Travellers Insurance Company (16-003555)

The insurer sought costs after the claimant failed to participate in the Case Conference on three occasions. Adjudicator Johal rejected the insurer’s arguments, and noted that the changes to the Insurance Act limited the LAT’s jurisdiction to award costs in comparison to a FSCO arbitrator’s jurisdiction. The adjudicator also wrote that the non-attendance by an applicant at a Case Conference would rarely be considered conduct that would justify a costs award.