What the panel ordered
Petition for removal granted; order setting matter for trial rescinded; matter returned to trial level for further proceedings
Petition for removal from the order setting the matter for trial filed by Uninsured Employers Benefits Trust Fund (UEBTF)
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Removal granted because not all necessary parties were joined and not all parties received notice of the mandatory settlement conference, constituting irreparable harm and violation of due process rights.
From the decision · page 1UEBTF contends that trial is not appropriate at this time because all necessary parties to the proceeding have not been joined and that not all parties received notice of the mandatory settlement conference (MSC). UEBTF further contends that applicant amended the application for adjudication at the MSC to allege a specific injury, rather than a cumulative injury, and thus UEBTF is entitled to seek additional discovery on that issue prior to trial.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.