S. Whibbs

The applicant challenged LAT and HRTO decisions arising from the denial of statutory accident benefits after the insurer relied on an IME report without producing the physician for cross-examination.

The court held that the LAT lacked jurisdiction to issue a second reconsideration decision more than a year later and while appeal and judicial review proceedings were already perfected, as that step was not taken within a reasonable time and offended functus officio and finality principles.

The court further accepted that the earlier LAT decisions could not stand because reliance on the challenged expert report without cross-examination breached procedural fairness.

The LAT and HRTO decisions were quashed and remitted, with costs of $15,000 awarded against the insurer on the LAT matter, but no costs awarded to the applicant on the HRTO matter.