Licence Appeal Tribunal
Tribunal File Number: 17-003824/AABS
Case Name: 17-003824/AABS v Aviva Insurance Canada
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
Aviva Insurance Canada
Respondent
ADJOURNMENT Decision
Decision made by: Terry Hunter, Vice Chair
Date of Decision: March 5, 2018
OVERVIEW
1On February 23, 2018, the respondent's representative filed a request to adjourn the two day in-person hearing scheduled to take place on March 19 and 20, 2018, at Licence Appeal Tribunal, 20 Dundas Street West 5th Floor Suite 530, Toronto, ON. The applicant's representative consented to the adjournment.
2For the reasons provided below, the respondent's representative's request for an adjournment of the two day in-person hearing is granted. Instead the two day in-person hearing will be scheduled for March 19 and 20, 2018 has been converted to a Case Conference via teleconference on March 19, 2018, to provide further details on the productions of the ODSP file.
BACKGROUND
3The applicant was injured in an automobile accident January 10, 2015 and sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (“Schedule”).
4After being denied certain benefits the applicant filed an application with the Tribunal. The parties attended a case conference on August 17, 2017.
ADJOURNMENT REQUEST
5The respondent's representative's submitted a request to adjourn the hearing because they are awaiting the production of the ODSP file and both Tribunal files should be consolidated as one proceeding.
ANALYSIS AND REASONS
6The following are my reasons for granting and converting the in-person hearing to a case conference via teleconference
Written agreement/consent of the other party was provided
The adjournment will allow the respondent to obtain the necessary files which allows a determination of the issues on all the available evidence.
ORDER
7The respondent's representative's request for an adjournment is granted. The parties are directed to attend and participate in the case conference on the first date as in-person hearing originally scheduled March 19, 2018.
8Except for the provisions contained in this order all previous orders made by the Tribunal remain in full force and effect.
9If the parties reach an agreement on the issues in dispute, the applicant shall immediately advise the Tribunal in writing.
Released: March 5, 2018
Terry Hunter, Vice Chair