The applicant insurer sought a stay of an interlocutory scheduling order made by the Licence Appeal Tribunal (LAT) denying an adjournment of a complex catastrophic impairment hearing.
The Divisional Court found exceptional circumstances justifying intervention, noting the LAT's decision was unreasonable and failed to balance institutional concerns with the legitimate interests of the parties and their counsel's availability.
Applying the RJR-MacDonald test, the court granted the stay, vacated the scheduled hearing dates, and directed the LAT to reschedule the hearing to mutually available dates.
