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.
Counsel for Wawanesa argued that he had requested the documents from his client and would forward them to the Applicant when received, but that the conduct had not been unreasonable such as to attract an award of costs against his client.
There are very stringent rules which deal with when a party to a proceeding is entitled to costs.
Under Rule 19.1 of the Licence Appeal Tribunal Rules of Practice and Procedure:
"Where a party believes that another party in a proceeding has acted unreasonably, frivolously, vexatiously, or in bad faith, that party may make a request to the Tribunal for costs."
Under the definitions, rule 2.17 defines the proceeding, as "the entire Tribunal process...