RECONSIDERATION DECISION
Before: E. Louise Logan
Licence Appeal Tribunal File Number: 21-000432/AABS
Case Name: Jonathan Costa v. Co-operators General Insurance Company
Written Submissions by:
For the Applicant: Jeton Memeti, Paralegal
For the Respondent: Emily Schatzker, Counsel
BACKGROUND
1On April 3 and 7, 2023, the applicant filed a request for reconsideration of the Tribunal’s decision dated March 13, 2023 (“decision”). In the decision, the Tribunal dismissed the application and found the applicant’s injuries are predominantly minor and therefore subject to treatment within the Minor Injury Guideline (MIG). The Tribunal also found that the applicant is not entitled to the treatment plans in dispute, interest, or an award under section 10 of Reg. 664.
2The grounds for a request for reconsideration are contained in Rule 18.2 of the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Common Rules of Practice and Procedure, Version I, (October 2, 2017) as amended (“Rules”). To grant a reconsideration request, the Tribunal must be satisfied that one or more of the following criteria are met:
a) The Tribunal acted outside its jurisdiction or violated the rules of procedural fairness;
b) The Tribunal made an error of law or fact such that the Tribunal would likely have reached a different result had the error not been made;
c) The Tribunal heard false evidence from a party or witness, which was discovered only after the hearing and likely affected the result; or
d) There is evidence that was not before the Tribunal when rendering its decision, could not have been obtained previously by the party now seeking to introduce it, and would likely have affected the result.
3Reconsideration involves a high threshold. The requestor must show how or why the decision falls into one of the categories in Rule 18.2.
4The applicant is seeking a reconsideration pursuant to Rule 18.2(b). The applicant requests that the decision be set aside, and that the Tribunal order that the applicant be removed from the MIG, and that he is entitled to the treatment plans in dispute, interest, and an award. The respondent requests that the applicant’s request for reconsideration be dismissed.
RESULT
5The applicant's request for reconsideration is dismissed.
ANALYSIS
6In his request for reconsideration the applicant argues that the Tribunal erred in law and fact by failing to consider credible, reliable, uncontradicted evidence that the applicant had sustained psychological and physical impairments such that he should be removed from the MIG, and that he is entitled to the treatment plans at issue. In the submissions filed with his request for reconsideration, the applicant does not specify the errors made by the Tribunal in the decision, nor how the Tribunal would likely have reached a different result had the errors not been made.
7Rule 18.1 provides that a request for reconsideration must include all submissions in support of the request. Despite this, on reply, the applicant filed “Reconsideration Submissions” which include new arguments about the nature of the alleged errors made by the Tribunal. These arguments were not made in the submissions that accompanied the applicant’s reconsideration request.
8The respondent argues that the applicant’s reply submissions are improper and deprive the respondent of the opportunity to provide a more particularized response. It requests that the applicant’s reply be removed from the reconsideration file.
9I agree with the respondent that the applicant’s submissions on reply include new arguments that were not included in the submissions accompanying his request for reconsideration. As such, I find his reply submissions are improper and I will not consider them.
10The applicant has not identified specific errors of fact or law in the decision, nor has he indicated how such errors would likely have affected the outcome of the decision as required by Rule 18.2 (b). Accordingly, I find the applicant has not established grounds for reconsideration.
CONCLUSION
11For the reasons set out above, I deny the applicant’s request for reconsideration. The applicant’s request for reconsideration is dismissed.
E. Louise Logan
Vice-Chair
Tribunals Ontario – Licence Appeal Tribunal
Released: June 19, 2023