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Motion to stay LAT proceedings pending judicial review of adjournment denial dismissed for lack of irreparable harm.
The applicant insurer brought an urgent motion to stay a Licence Appeal Tribunal (LAT) proceeding pending a judicial review of the LAT's refusal to grant an adjournment.
The applicant's newly retained counsel had scheduling conflicts with the set hearing dates.
Applying the RJR-MacDonald test, the court found there was a serious issue to be tried regarding procedural fairness and right to counsel of choice.
However, the court concluded the applicant failed to establish irreparable harm, as other counsel from the firm might be available or the presiding official could address fairness concerns at the hearing.
The balance of convenience favoured the respondent, who had been waiting for benefits.
The motion for a stay was dismissed.
Motion to stay LAT order denying adjournment dismissed; applicant failed to show irreparable harm.
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.
