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Insurer's request for reconsideration of income replacement benefit entitlement denied.
The respondent insurer requested a reconsideration of a Licence Appeal Tribunal decision that found the applicant entitled to an income replacement benefit following a motor vehicle accident.
The insurer argued the Tribunal ignored evidence of the applicant's pre-accident intentions and post-accident work, misapplied the causation test, and heard false or misleading evidence.
The Associate Chair dismissed the request, finding that the omitted evidence would not have changed the outcome and that the insurer failed to pursue the evidence during the written hearing.
The reconsideration request was denied.
Applicant ordered to pay $13,400 in arbitration expenses due to procedural delays and late evidence production.
The Insurer sought its expenses following a successful defence of the Applicant's claims for statutory accident benefits.
The Arbitrator found that the Applicant's conduct prolonged the proceedings through late production of evidence, failure to properly summon witnesses, and pursuit of unnecessary procedural aspects.
The Insurer claimed approximately $51,900 in expenses.
The Arbitrator reduced the claimed legal fees and disbursements, noting the lack of complexity and excessive claims for process service and court reporters.
The Applicant was ordered to pay the Insurer's expenses fixed at $13,400.
