The appellant appealed a Licence Appeal Tribunal decision that declined to order a special award under s. 10 of Regulation 664 for the respondent's alleged unreasonable withholding of Income Replacement Benefits.
The Divisional Court dismissed the appeal, finding that the issues raised regarding the adjudicator's assessment of expert evidence and the respondent's conduct were questions of fact or mixed fact and law, not extricable questions of law.
The court concluded there was ample evidence to support the adjudicator's factual findings.
