The appellant was injured in an all-terrain vehicle accident and sought statutory accident benefits.
The Licence Appeal Tribunal adjudicator found the vehicle was not an automobile and denied benefits.
The Executive Chair reconsidered the decision, cancelled it, and ordered a rehearing.
Both parties appealed the reconsideration decision to the Divisional Court.
The court dismissed both appeals, finding the Executive Chair's decision to order a rehearing was reasonable given the complexity of the case and the need to resolve factual disputes regarding the vehicle's status.
The court also held that an appeal does not stay a request for reconsideration under the Statutory Powers Procedure Act.
