Tribunals Ontario Safety, Licensing Appeals and Standards Division Box 250
Toronto ON M7A 1N3
Tel: 1-844-242-0608
Fax: 416-327-6379 Website: www.slasto-tsapno.gov.on.ca
Tribunaux décisionnels Ontario Division de la sécurité des appels en matière de permis et des normes
Boîte no 250
Toronto ON M7A 1N3
Tél. : 1-844-242-0608
Téléc. : 416-327-6379 Site Web : www.slasto-tsapno.gov.on.ca
RECONSIDERATION ORDER
Before: Jonathan Batty, Associate Chair
Date: October 28, 2019
File: 18-009498/AABS
Case Name: MH v. Western Assurance Company
For the Applicant: Sandi Smith and Adam Aldersley
ORDER
1On February 7, 2019, the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Common Rules of Practice and Procedure, Version I (October 2, 2017) were amended. Pursuant to the amended Rule 18.1, requests for reconsideration will only be accepted on Tribunal decisions that finally dispose of an appeal. Pursuant to Rule 18.5, this change applies if the request for reconsideration relates to an order issued on or after February 7, 2019.
2The applicant filed a request for reconsideration on this matter on October 2, 2019 in respect of a decision released on September 10, 2019.
3This request for reconsideration arises from an adjudicator’s decision that found the applicant was limitation-barred from obtaining Income Replacement Benefits (IRBs). In determining how to apply the two-year limitation period in respect of a claim for this benefit, the parties disputed whether or not the insurer had terminated this benefit in accordance with the notice requirements in the Schedule.
4The adjudicator found for the respondent on the preliminary motion and stated “[t]he Application is dismissed.” This wording is not as precise as it should have been as the adjudicator was dealing with a preliminary issue concerning only one of the claims in the application – not the whole application. While he found for the respondent on the motion concerning the limitation period in respect of the IRB, this does not dispose of the application as a whole. The issue of catastrophic determination is still a live issue and is scheduled to be heard on November 26, 2019.
5As this proceeding is ongoing, the applicant’s request for reconsideration is in regard to a decision that does not finally dispose of the appeal.
6On this basis, the request for reconsideration is dismissed.
Jonathan Batty Associate Chair
Tribunals Ontario – Safety, Licensing Appeals and Standards Division
Released: October 28, 2019