LAT denies Travelers’ motion for a transcript from a refugee hearing

MG Law Injury Lawyers

License Appeal Tribunal Denies Travelers’ Motion For A Transcript From A Refugee Hearing

In January, Travelers Insurance brought a motion asking an MG Law client to produce a transcript from their refugee hearing. MG Law successfully defended their client, and the Travelers’ motion is dismissed.

Background to this automobile insurance dispute

The License Appeal Tribunal motion hearing, W. A. v. Travelers, 20-006032/AABS, took place on January 29, 2021. The Travelers Insurance company brought a motion for a transcript from a refugee hearing that took place in 2016. The car accident occurred in 2018. The insurer claimed they needed to know the reasons for the client’s immigration from Lebanon to Canada.

How did MG Law dismiss Travelers Insurance’s motion through the License Appeal Tribunal?

Working on behalf of our client, MG Law asked the License Appeal Tribunal to dismiss the motion from Travelers Insurance. Ms. Gorelashvili argued to the Adjudicator Reilly that this decision will have significant implications for all refugees and can open a floodgate for automobile insurers having access to refugee transcripts.

a. On behalf of her client, Ms. Gorelashvili argued the following: The insurer’s motion lacked a legal foundation. Pursuant to Rule 15.1 Licence Appeal Tribunal (LAT) Rules of Practice and Procedure, the party bringing the motion is required to include in its Notice of Motion the decision or order being requested, the grounds argued, including case law and the evidence in support of the motion. The insurer was not relying on any legislation, nor did they produce any case law in support of their position. 

b. The insurer has a statutory right to conduct an Examination Under Oath under s. 33(2)(b) of Statutory Accident Benefits Schedule (“SABS”) and question the Applicant. The insurer should not be allowed to circumvent the process by obtaining the same evidence from the Applicant’s refugee hearing.

c. Since all refugee claimants, including the Applicant, are guaranteed confidentiality of their evidence by s. 166(c) of the Immigration and Refugee Protection Act, this Tribunal does not have the power to issue a production order to the Immigration and Refugee Board.

The Adjudicator Reilly agreed with MG Law’s position and arguments, and ruled in favour of the insured.

MG Law can represent your best interests in insurance disputes

If you are a former refugee claimant involved in a car accident, this latest decision provides comfort and reassurance. Remember, having someone on your team is the best way to ensure you get what you deserve in insurance disputes. Simply put, insurance companies will deal with and treat lawyers much differently than they do the average customer.

MG Law understands insurance companies, how they work, and what they can and can’t do. We’ll do what we do best to tip the scales in your favour. Give us a call at 613-730-8460.

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