Ryan Turner

The appellant appealed a Licence Appeal Tribunal (LAT) decision denying her request to convert a scheduled videoconference hearing into a written hearing due to her psychological condition.

When the appellant's counsel declined to proceed without instructions, the adjudicator dismissed the application for statutory accident benefits.

The Divisional Court dismissed the appeal, finding no evidence of bias, denial of natural justice, or procedural unfairness in the adjudicator's handling of the hearing or her subsequent written and reconsideration decisions.

The Licence Appeal Tribunal (LAT) brought a motion for leave to intervene as a friend of the court in an appeal of its own decision regarding statutory accident benefits.

The appellant opposed the motion, while the respondent consented.

The Divisional Court granted the motion, finding that the LAT could make a useful and distinct contribution on the statutory and procedural context and procedural fairness.

However, the court restricted the LAT from making submissions on the standard of review or reasonable apprehension of bias to avoid the tribunal defending its own decision.