Tribunals Ontario Safety, Licensing Appeals and Standards Division 77 Wellesley Street West, 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
i.
77 rue Wellesley Ouest, 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
File: 18-001145/AABS
Case Name: J.V. v. Economical Insurance Company
For the Applicant: Melissa MacLeod, Sokoloff Lawyers
ORDER
1The applicant filed a request for reconsideration in this matter on March 27, 2019 in respect of a Preliminary Decision dated March 6, 2019.
2This request for reconsideration arises from an adjudicator’s decision denying the ability of the applicant to pursue income replacement benefits and attendant care benefits in the hearing on the merits. The adjudicator found that both issues were statute barred from proceeding based on the applicable limitations. The remaining issues in dispute were scheduled to proceed to a hearing.
3Upon review of the request for reconsideration, the case conference report and decision, it is clear that the adjudicator made a typographical error in including the issue of attendant care benefits as part of the preliminary issue hearing. The decision has been amended pursuant to Rule 17. The issue of attendant care benefits will proceed as an issue in dispute.
4On 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.
5As this proceeding is ongoing, the applicant’s request for reconsideration is in regards 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: May 6, 2019