RECONSIDERATION DECISION
Before: Jonathan Batty, Associate Chair
File: 18-007005/AABS
Case Name: S.C. v. Aviva Insurance Canada
Written Submissions by:
For the Applicant: Jeremy Syrtash, counsel
For the Respondent: Marianne Davies, counsel
OVERVIEW
1This Request for Reconsideration was filed by the applicant, the insured in this matter. It arises out of an Order dated January 22, 2019 following a request to adjourn a hearing.
2A hearing in the above matter was scheduled for February 20 to 22, 2019. The applicant requested an adjournment of the hearing on January 28, 2019. The respondent consented with mutually agreeable hearing dates. The Tribunal denied the request for adjournment because there was no evidentiary basis to support the request. A request for reconsideration was filed asking the Tribunal to reconsider its decision. The reconsideration was granted verbally with reasons to follow.
3Pursuant to s. 17(2) of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, S.O. 2009, c. 33, Sched. 5, I have been delegated responsibility to decide this matter in accordance with the applicable rules of the Tribunal.
4This reconsideration request is granted because the applicant submitted information that demonstrated compelling personal reasons why counsel could not attend on short notice. The hearing was too close to assign the file to another counsel and the respondent consented to the additional dates. The hearing has been adjourned to the mutually agreeable dates in May 2019.
RESULT
5The applicant’s Request for Reconsideration is granted.
Jonathan Batty Associate Chair Tribunals Ontario – Safety, Licensing Appeals and Standards Division
Released: May 7, 2019