The applicant insurer brought an urgent motion to stay a Licence Appeal Tribunal (LAT) order that denied an adjournment of an upcoming hearing, pending a judicial review application.
The applicant argued that denying the adjournment violated procedural fairness and the right to counsel of choice, as newly retained counsel was unavailable for the scheduled dates.
Applying the RJR-MacDonald test, the court found a serious issue to be tried but concluded the applicant failed to establish irreparable harm, noting other counsel from the firm might be available.
The court also found the balance of convenience favoured the respondent, who had been waiting for benefits.
The motion for a stay was dismissed.
