RECONSIDERATION DECISION
Before: Roderick D. Walker
Licence Appeal Tribunal File Number: 23-006988/AABS
Case Name: Margaret Kochel v. Allstate Insurance Company of Canada
Written Submissions by:
For the Applicant: Lucy Lee, Counsel
For the Respondent: Yalda Aziz, Counsel
OVERVIEW
[ 1 ] On April 14, 2025, the applicant requested reconsideration of the Tribunal’s decision dated March 24, 2025 (“decision”).
[ 2 ] As a result of an accident on August 16, 2022, the applicant sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (including amendments effective June 1, 2016) (“Schedule”). Following a written hearing, I issued the decision, where I found that the applicant’s injuries were predominately minor and can be treated under the Minor Injury Guideline (“MIG”), as defined under section 3 of the Schedule. I further found the applicant was not entitled to the disputed treatment plan. As a result, I dismissed the application.
[ 3 ] The grounds for a request for reconsideration are found in Rule 18.2 of the Licence Appeal Tribunal Rules, 2023 (Rules). To grant a request for reconsideration, the Tribunal must be satisfied that one or more of the following criteria are met:
(a) The Tribunal acted outside its jurisdiction or committed a material breach 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; or
(c) 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.
[ 4 ] The applicant submitted that a reconsideration is warranted in this matter, because the Tribunal made errors of fact or law such that the Tribunal would likely have reached a different result had the errors not been made.
[ 5 ] The respondent’s position is that the applicant’s request for a reconsideration is an attempt to relitigate the evidence that was before the Tribunal at the original hearing and, therefore, the reconsideration request should be denied.
Result
[ 6 ] The applicant’s request for a reconsideration is denied. The applicant has not responded to the submission’s deadline by May 20, 2025. As I find that the applicant has not submitted any submissions in this matter, I am dismissing the request for reconsideration filed on April 14, 2025.
CONCLUSION & ORDER
[ 7 ] The request for a reconsideration is denied. The applicant has not filed any submissions with the tribunal in this matter pursuant to the deadline of May 20, 2025.
[ 8 ] The file is closed.
Roderick D. Walker Adjudicator Tribunals Ontario – Licence Appeal Tribunal
Released: June 6, 2025