In the recent reconsideration decision of 2020 ONLAT
19-006032/AABS, McCague Borlack LLP's Mahroze Khan was successful in having the
applicant's request for reconsideration dismissed. Vice Chair
Farlam considered the request for a reconsideration of her Decision
released on May 14, 2020 ("Decision")1 in
“which the applicant was barred from proceeding with her
application to determine her entitlement to non-earner benefits
("NEBs") because she failed to attend the
respondent's s. 44 independent examination
("IE")”.
Vice Chair Farlam noted that this request should have been
brought by the applicant under the new Rule 18, as amended on
February 7, 2019.
In her discussion of jurisdiction and procedural fairness, the
Vice Chair considered the case of Vavilov2 and
stated that Vavilov did not apply to this matter as that
ruling purely applies to court review and not reconsideration under
Tribunal Rules. Furthermore, she went on to note that even
if Vavilov were to
