The most significant case law emerging from the LAT deals with the issue of costs at the Tribunal. Ontario Courts follow the principle of “loser pays” whereby the successful party in litigation is traditionally rewarded by the unsuccessful party having to reimburse part of their legal costs and the reasonable disbursements incurred. The Financial Services Commission of Ontario (FSCO), which adjudicated accident benefits claim prior to the LAT coming into force, followed this traditional principle.
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