Reconsideration denied; applicant failed to show error of law regarding discoverability and limitation periods.
The applicant sought reconsideration of a decision finding her claim for statutory accident benefits was statute-barred due to a 27-month delay in notifying the insurer.
The applicant argued the Tribunal erred by failing to apply the rule of discoverability.
The Adjudicator dismissed the request, finding no error of law or fact, as the applicant had not raised the discoverability argument at the initial hearing and, regardless, failed to provide a reasonable explanation for the delay under section 34 of the Schedule.
OLATOntario Licence Appeal TribunalOct 6, 2023
