The respondent insurer requested a reconsideration of a motion decision that dismissed its request to dismiss the application.
The insurer had conceded all issues in dispute (entitlement and quantum of benefits) and argued that the Tribunal lacked jurisdiction to hold a hearing when there was no live dispute.
The Vice-Chair found that while the Tribunal did not lose jurisdiction, the original adjudicator made a significant error of law in interpreting section 281 of the Insurance Act.
Section 281 provides procedural protection after a decision is made but does not require the Tribunal to hold a hearing when all issues are resolved.
The reconsideration was granted, and the application was dismissed, save for the issue of costs.
