Reconsideration denied; Tribunal lacks equitable jurisdiction to apply estoppel to override statutory incurred expense requirements.
The applicant sought reconsideration of a Licence Appeal Tribunal decision that denied her claim for ongoing attendant care benefits.
The applicant argued that the Tribunal erred in finding it lacked equitable jurisdiction to apply estoppel by convention, which would have prevented the insurer from terminating benefits it had mistakenly paid for several months.
The Executive Chair dismissed the request, holding that the Tribunal must resolve disputes in accordance with the Statutory Accident Benefits Schedule and cannot use equity to override the statutory requirement that expenses be 'incurred.' Furthermore, the test for estoppel by convention was not met, as the parties did not share a mutual assumption and the applicant suffered no detriment.
OLATOntario Licence Appeal TribunalDec 13, 2017
