Patrick W. Brennan

The applicant requested a reconsideration of a Licence Appeal Tribunal decision awarding $1,000 in costs to the respondent.

The costs were awarded after the applicant withdrew their application on the eve of a multi-day hearing for the second time.

The applicant argued that the Vice Chair's prior comments describing the applicant's conduct as 'cavalier' created a reasonable apprehension of bias, and that the decision relied on false evidence.

The Tribunal dismissed the reconsideration request, finding that an informed person would view the applicant's conduct as unreasonable and subject to censure, and that no false or misleading evidence was relied upon.

The applicant was injured in a motor vehicle accident and sought post-104 week income replacement benefits (IRBs).

The respondent denied the benefits, arguing the applicant did not suffer a complete inability to engage in suitable employment.

The Tribunal found the applicant credible and preferred the evidence of her medical experts, concluding that her chronic pain and psychological impairments prevented her from returning to work.

The Tribunal ordered the respondent to pay IRBs of $400 per week from October 4, 2016, ongoing, plus interest.