S.T. v. Economical, LAT 16-003034/AABS, LAT Reconsideration, Executive Chair Linda P. Lamoureux
The Applicant submitted a Request for Reconsideration 42 days after receipt of the Tribunal’s decision instead of submitting it within 21 days as required by the LAT Rules. The Request was filed contemporaneously with an Application for Judicial Review. The Applicant explained the delay by arguing that none of the applicable legislation requires a party to seek reconsideration before applying for judicial review.
The Executive Chair disagreed, stating that it is a well-established principle of administrative law that parties exhaust all available remedies before seeking judicial review.
The explanation offered by the Applicant was insufficient to excuse the late filing. The Executive Chair also considered the substance of the reconsideration request and found that, in any event, there was no error in the Tribunal’s decision.
