Rebecca Langille-Rowe

The appellants, having successfully appealed the denial of their claims for compensation from the Ontario Motor Vehicle Industry Compensation Fund, sought costs against the respondent Board.

They argued the respondent acted unreasonably and in bad faith by alleging at the hearing that their claims were false.

The Tribunal dismissed the costs application, finding that the respondent's challenge to the appellants' credibility was not unreasonable given the lack of documentary proof and other anomalies in their claims.

The Tribunal concluded that the respondent's conduct did not meet the threshold for a costs award under the Statutory Powers Procedure Act and the Tribunal's Rules.

The appellants appealed a decision of the Board of Trustees of the Ontario Motor Vehicle Industry Compensation Fund denying their claims for compensation.

The claims arose from undocumented transactions with a registered motor vehicle dealer whose registration was subsequently revoked.

The Board denied the claims due to a lack of evidence and argued the appellants' version of events was improbable.

The Tribunal found the appellants' testimony credible and consistent, despite the unusual circumstances and lack of documentation.

The Tribunal allowed the appeals, ordering the Fund to pay $2,000 to the first appellant and $45,000 to the second appellant.