RECONSIDERATION DECISION
Before: Brian Norris, Adjudicator
Licence Appeal Tribunal File Number: 20-010495/AABS
Case Name: Manjit Banga v. Certas Home and Auto Insurance Company
Written Submissions by:
For the Applicant: (Dr.) Jordan Palmer, Counsel
For the Respondent: Michael W Chadwick, Counsel
BACKGROUND
1This request for reconsideration was filed by the Applicant in this matter. It arises out of a preliminary issue decision in which I found that she is subject to the catastrophic impairment definitions as outlined in the Statutory Accident Benefits Schedule – Effective September 1, 2010 (including amendments effective June 1, 2016) (“the 2016 Schedule”) and was barred with proceeding from disputing her entitlement to income replacement benefits (“IRBs”) because she failed to submit an application to dispute the denial within 104 weeks.
2The Applicant submits that the preliminary issue decision on the application of the catastrophic impairment definition in the 2016 Schedule represents an error of law such that the decision would be different if the error had not been made.
3It is unclear what relief the Applicant seeks as relief, but it appears that she seeks an order for a rehearing on the issue.
RESULT
4The Applicant's request for reconsideration is dismissed.
BACKGROUND
5The preliminary issue hearing focused primarily on what catastrophic impairment definition applied to the Applicant. Aside from her entitlement to IRBs, the remaining substantive issues were to proceed to be heard at a substantive hearing.
ANALYSIS
6The grounds for a request for reconsideration to be allowed are contained in Rule 18 of the Tribunal’s Common Rules of Practice and Procedure. A request for reconsideration will not be granted unless 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.
7Reconsideration is only warranted in cases where an adjudicator has made a significant legal or evidentiary mistake preventing a just outcome, where false evidence has been admitted, or where genuinely new and undiscoverable evidence comes to light after a hearing.
8The Applicant advances her request for reconsideration pursuant to criteria 18.2(b). She believes my application of the definition of catastrophic impairment in the 2016 Schedule to her case is an error of law such that the Tribunal would likely have reached a difference result had the error not been made.
9The Respondent opposes the timing of the request for reconsidering and submits that it is premature. The Respondent highlights that, pursuant to criteria 18.2, a request for reconsideration is only permitted on a decision of the Tribunal that finally disposes of an appeal.
10I agree with the Respondent and dismiss the Applicant’s request for reconsideration because it is premature. According to Cura v. Aviva Insurance Canada, 2021 ONSC 2290, which is binding on this Tribunal, a request for reconsideration is limited only to a decision of the Tribunal that finally disposes of an appeal. The Applicant’s appeal remains live. The preliminary issue decision provides a point of clarity for the parties and there remains several issues in dispute for the substantive hearing, including whether the Applicant sustained a catastrophic impairment as a result of the accident.
11Considering the timing of the request, I need not entertain the Applicant’s submissions on whether an error of law occurred such that the Tribunal would likely have reached a difference result had the error not been made.
CONCLUSION
12For the reasons noted above, I dismiss the Applicant's request for reconsideration.
Brian Norris
Adjudicator
Tribunals Ontario – Licence Appeal Tribunal
Released: October 10, 2023