2 total
Reconsideration denied; applicant failed to establish errors of law regarding tolling agreement, limitation period, or costs.
The applicant requested reconsideration of a Tribunal decision that found her claim for an income replacement benefit (IRB) was statute-barred due to the expiry of the two-year limitation period.
The applicant argued the Tribunal erred in law by misinterpreting a tolling agreement, violating the parol evidence rule, failing to consider an extension of time under section 7 of the Licence Appeal Tribunal Act, and improperly awarding costs against her.
The Tribunal denied the request, finding that the applicant was attempting to relitigate issues and raise new arguments not presented at the initial hearing.
The Tribunal concluded there was no error of law or fact in its interpretation of the tolling agreement, its refusal to grant an extension of time, or its costs award.
IRB claim statute-barred; applicant ordered to pay $1,000 in costs for unreasonable conduct.
The applicant sought statutory accident benefits following a motor vehicle accident.
On the second day of the hearing, the applicant withdrew all substantive issues because her expert witnesses were unavailable, leaving only a preliminary issue regarding the limitation period for an income replacement benefit (IRB) claim and the respondent's request for costs.
The Tribunal found the IRB claim was statute-barred under s. 56 of the Schedule, as it was not disputed within two years and was not included in a tolling agreement between the parties.
The Tribunal also awarded $1,000 in costs to the respondent under Rule 19, finding the applicant acted unreasonably by failing to summons her experts and unnecessarily expending hearing time before withdrawing the application.
