Brent McQuestion

The applicant requested a reconsideration of an adjudicator's decision denying a request to strike evidence from the respondent's submissions.

The Associate Chair dismissed the request for reconsideration because, under the amended Rule 18.1 of the Common Rules of Practice and Procedure, requests for reconsideration are only accepted for decisions that finally dispose of an appeal.

Since the proceeding was ongoing, the request was dismissed.

The applicant was injured in a bicycle accident and sought statutory accident benefits.

Prior to the hearing, the applicant filed a motion to exclude the evidence of an independent medical examiner.

The respondent failed to file its written submissions responding to the exclusion motion by the deadline due to an administrative error, although it did file its affidavit and brief on time.

The respondent brought a motion to extend the time to file its written submissions.

The Tribunal granted the extension, finding that the error was inadvertent, the respondent moved quickly to rectify it, and denying the extension would unfairly limit the respondent's participation and deny it the opportunity to present its case fully.