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ARTICLE · 08 AUGUST 2017

No Costs In LAT Proceeding, Despite Unreasonable Conduct From Counsel

Miller Thomson
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A recent decision of the License Appeal Tribunal ("LAT") shows the difficulty for first party insurers to get costs awarded in accident benefits proceedings at the LAT.

CanadaInsurance
Evan Bawks
Evan Bawks
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A recent decision of the License Appeal Tribunal ("LAT") shows the difficulty for first party insurers to get costs awarded in accident benefits proceedings at the LAT. In 16-000546 v. Primmum Insurance Company, 2017 CanLII 46355 (ON LAT), the Tribunal considered the insurer's motion for costs following the dismissal of the applicant's claim. Rule 19.1 of the License Appeal Tribunal Rules of Practice and Procedures states that:

"For costs requests where a party believes that another party in a proceeding has acted unreasonably, frivolously, vexatiously or in bad faith a party may make a request to the Tribunal for costs."

Following the motor vehicle accident, the claimant applied for and received benefits under the Statutory Accident Benefit Schedule – Effective after September 1, 2010. The applicant submitted a Treatment and Assessment Plan to the insurer and subsequently withdrew it 10 days later. The insurer did not deny the Treatment Plan. However, the

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