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Costs request denied as respondent's conduct during the proceeding did not meet the high bar for unreasonableness.
The applicant sought statutory accident benefits following a motor vehicle accident, which were initially denied by the respondent.
After the applicant filed an application with the Licence Appeal Tribunal, the parties resolved the substantive issues following a case conference.
The applicant sought costs, arguing the respondent acted unreasonably by failing to consider medical evidence and respond to correspondence prior to the case conference.
The Tribunal dismissed the request for costs, finding that conduct prior to the proceeding cannot attract costs under Rule 19.1, and the respondent's conduct during the proceeding did not meet the high bar for unreasonableness, as the respondent appropriately changed its position upon receiving additional documents at the case conference.
