Andrew A. Iacobelli

The applicant sought reconsideration of a decision finding he made a material misrepresentation on his automobile insurance application, which excluded him from income replacement benefits and required him to repay $72,881.74 to the insurer.

The applicant argued the Tribunal lacked jurisdiction, violated procedural fairness, made factual errors, and that new evidence was available.

The adjudicator dismissed the request, finding no procedural unfairness, confirming the Tribunal's jurisdiction over the dispute, and concluding the applicant was improperly attempting to relitigate the initial findings.

The adjudicator also held that the alleged new evidence could have been obtained prior to the initial hearing with due diligence.

The appellant brought a motion for leave to appeal the order of Gauthier J. dated December 16, 2020.

The Divisional Court dismissed the motion for leave to appeal and awarded costs of $5,000 to the respondent.

The appellant appealed a trial judge's decision on a threshold motion in a motor vehicle accident case, which found her injuries did not meet the statutory threshold under the Insurance Act.

The respondent cross-appealed the trial judge's costs award, arguing the threshold decision should have been considered in the costs analysis.

The Divisional Court dismissed the appellant's appeal, finding no palpable and overriding error in the trial judge's assessment of the medical evidence.

The court granted the respondent's cross-appeal on costs, applying the recent decision in Saleh v. Nebel, and remitted the costs issue to the trial judge.