Costs motion dismissed as insurer relied on unreliable hearsay evidence to allege bad faith.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
Prior to a scheduled case conference, the applicant withdrew the appeal application.
The respondent subsequently brought a motion for costs, alleging the applicant acted frivolously, vexatiously, and in bad faith by misrepresenting his employment status.
The adjudicator dismissed the motion, finding that the respondent's evidence, which relied entirely on hearsay from an unidentified confidential source, was unreliable and insufficient to establish bad faith or unreasonable conduct under Rule 19.1.
M. M. v. Wawanesa Mutual Insurance Company, 2017 CanLII 35323