Licence Appeal Tribunal
Tribunal File Number: 17-005576/AABS
Case Name: 17-005576/AABS v Security National Insurance Co.
In the matter of an Application pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8., in relation to statutory accident benefits.
Between:
[Applicant]
Applicant
and
Security National Insurance Co.
Respondent
Motion Decision
Heard by Teleconference: February 23, 2018
Appearances:
For the applicant: Joseph Filice, Counsel
For the respondent: Paul Barnes, Counsel
Representative for respondent: Denise Hughes
Order made by: Robert Watt, Adjudicator
Date of the Order: February 22, 2018
1The applicant was injured in an automobile accident on October 8, 2015 and sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (the ''Schedule'').
2The parties participated in a case conference on November 8, 2017. On consent, the case conference was resumed on November 24, 2017.The case conference order listed four issues in dispute being the quantum for IRB, attendant care, interest, and an award under Regulation 664.The order held that the hearing would be an in person hearing, scheduled for March 6, 7, 2018 in Toronto.
3The respondent filed a motion on February 9, 2018 for an order to exclude the January 26, 2018 letter, sent by Mazin Associates to Blouin Dunn LLP, setting out particulars of the applicant’s claim for an award, from the case file, before any review by the adjudicator. The respondent’s position was that the letter wrongly contained case conference information, and information that was inflammatory.
RESULTS
4After discussions between the parties, the respondent withdrew its motion.
Date of Issue: March 1, 2018
Robert Watt, Adjudicator