Foucade v. Coachman Insurance Company, 2021 CanLII 120889

1The applicant was involved in a motor vehicle accident on October 6, 2018 and sought income replacement benefits (IRBs) from the respondent pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010¹(“Schedule”). A dispute arose regarding entitlement to the IRBs and the applicant filed an application with the Tribunal.

2By the time of the hearing the dispute with respect to entitlement of IRBs was no longer an issue in dispute, however the issue of an award under s. 10 of Regulation 664 (the “award”) remained in dispute.

3The applicant requested costs of the proceeding. The respondent submits that costs was not an issue that was in dispute when the appeal was filed and was not an issue in dispute identified in the pre-hearing case conference order. The applicant submits that costs are sought due to the conduct of the respondent in the proceedings.

4As per Rule 19.2 of the Tribunal’s Rules² a party may make a request for costs in writing or orally at a hearing, at any time before the decision or order is released. The applicant made the request for costs during the written portion of the hearing and provided their reasons for same. The respondent has had an opportunity to respond and did so in its submissions. Therefore, as per Rule 19.2 of the Tribunal’s Rules