16-003927 v. Intact Insurance Company, 2017 CanLII 31491

May 23, 2017

Adjudicator: Linda P. Lamoureux, Executive Chair

Granting Reconsideration on the Grounds of New Evidence; Rule 18.2

The Applicant submitted a request for an Adjournment of the hearing scheduled in July 2017 on the grounds that the parties may resolve their differences at a global mediation held in August 2017.  Despite Intact’s consent, the Tribunal denied the Adjournment.

The adjudicator allowed the reconsideration of the Tribunal’s decision and granted the Applicant’s request to adjourn the hearing, however not due to reasons related to the global mediation.  Instead on the grounds that counsel informed the Tribunal that their expert witness will be away on vacation at the time of the scheduled hearing in July. 

Although not the basis of the Executive Chairs’ decision, she stated that the manner in which the Request for Adjournment was handled was unacceptable.  The parties were given no explanation as to why their request was denied, and the Vice Chair who made the determination did not write to the parties directly.  The Executive Chair did not suggest that the situation gave rise to the legal requirement to provide reasons, however she underscored that the interests of transparency and accountability should have been offered.