The claimant requested reconsideration of a previous Tribunal decision denying the cost of CAT assessments in the amount of $24,400. The claimant argued that the Tribunal violated the rules of procedural fairness by failing to properly address the initial submissions and failed to assess crucial evidence. The claimant was represented by two lawyers who both worked from the same law office. The claimant noted that the Tribunal only named the main counsel on file and not the second lawyer who filed the original pleadings with the Tribunal, and thus did not consider those submissions. Vice Chair McQuaid dismissed the argument, noting that a minor error such as the one pointed out by the claimant was “a minor or inconsequential mistake.” She further noted that the previous decision denying the benefits quoted the initial submissions, and thus they were in fact taken into consideration; furthermore the claimant’s reconsideration pleadings noted evidence regarding causation, a fact that had already been considered by the Tribunal in the initial decision. Vice Chair McQuaid concluded that the Tribunal had weighed the evidence properly in the previous decision and that the claimant was attempting to re-argue her case. The request for reconsideration was denied.
Menu