Insurer's knowledge of pedestrian accident triggered duty to provide benefits package; late application allowed.
The applicant, a pedestrian, was struck by a vehicle insured by the respondent.
The respondent was notified of the accident by its insured the following day but failed to contact the applicant or provide him with an accident benefits package.
The applicant submitted his application for benefits nearly two years later.
The respondent denied the claim, arguing the applicant failed to provide notice within seven days as required by section 32(1) of the Schedule.
The Tribunal found that the respondent's receipt of information from its insured satisfied the notice requirement and triggered its positive obligation under section 32(2) to assist the applicant.
The Tribunal held the applicant had a reasonable explanation for the delay and was not barred from proceeding with his claim.
OLATOntario Licence Appeal TribunalFeb 26, 2026