Reconsideration denied as new medical reports could have been obtained previously and contradicted surveillance evidence.
The applicant sought reconsideration of a decision denying her income replacement benefits beyond 104 weeks post-accident, relying on four new multidisciplinary reports as new evidence under Rule 18.2(d).
The Tribunal dismissed the request, finding that the reports could have been obtained prior to the release of the original decision and that the applicant made a tactical decision not to seek an adjournment.
Furthermore, the Tribunal held that the new evidence would not have affected the result, as the reports relied on self-reporting that was contradicted by surveillance evidence showing the applicant engaging in various activities.
The respondent's request for costs was also dismissed.
OLATOntario Licence Appeal TribunalOct 28, 2020
