In Grewal v. Peel Mutual Insurance Company, 2022 ONSC 4082, the Divisional Court confirmed that an appeal in a regulatory proceeding, such as a matter before the Licence Appeal Tribunal, must wait until there is a final determination of the claim.
The matter in issue involved a statutory accident benefits dispute. The claimant sought to add a claim for punitive damages. This request was denied by an adjudicator of the Licence Appeal Tribunal, and a request for reconsideration was dismissed.
The claimant then sought to appeal the order to the Divisional Court. The Divisional Court referred to a previous decision which indicated that the preferred procedure is to allow matters to run their full course at the tribunal before hearing an appeal.
The Divisional Court indicated that it is preferrable to avoid the fragmentation and delay in the administrative process that would result if appeals were available prior to a final determination of a claim.
As a result, the claimant’s appeal was dismissed as premature, with a right to pursue the appeal after the Tribunal makes a final decision on the merits.