Non-Compliance With A Tribunal Order May Cost You.

The License Appeal Tribunal (the LAT) has found that an insurer's failure to comply with a production Order from the Tribunal is unreasonable conduct and must be deterred.  In B.F. v. Wawanesa Mutual Insurance Company, 2017 CanLII 9821 (ON LAT), an adjudicator made a costs Order against Wawanesa following its failure to produce documents set out in the case conference Order for productions.

The case conference was held on September 22, 2016 with both parties present.  It was Ordered at that time that productions be exchanged by October 25, 2015 with the consent of the parties.  Counsel for the Applicant wrote to counsel for Wawanesa twice reminding him of the productions Order and impending deadline.  When Wawanesa did not produce the documents in compliance with the Order, Applicant's counsel requested a second Order as well as an extension of time for submissions and costs.