Overview
- On October 19, 2016, the Licence Appeal Tribunal (the “Tribunal”) issued a final decision in 16-000272 v Aviva Insurance Canada.
- 2.On November 9, 2016, the respondent requested a reconsideration of the Tribunal’s decision on the basis that the Tribunal acted outside its jurisdiction in considering and making a finding on an issue that was not in dispute and not before the Tribunal.
- 3.Specifically, the respondent submits that the Tribunal considered and made a finding on the issue of “Did M. G. suffer predominantly minor injuries in the July 14, 2013 motor vehicle accident?”
- 4.The respondent requests an amendment to the decision to exclude all references, analysis and findings with respect to the Minor Injury Guideline (“MIG”) issue.
- 5.On November 30, 2016, the applicant provided submissions in response to this request.
- 6.For the reasons that follow, I grant the respondent’s request for reconsideration and cancel the Tribunal’s Order in respect of the MIG finding.