The applicant was involved in a motor vehicle accident in 2005.
The respondent insurer denied attendant care benefits in April 2005 based on an occupational therapy assessment, even though the applicant had not expressly claimed them.
In 2015, after being deemed catastrophically impaired, the applicant applied for attendant care benefits.
The respondent denied the claim, arguing it was barred by the two-year limitation period triggered by the 2005 denial.
The Tribunal found that the 2005 denial was clear and unequivocal, and following the Court of Appeal's decision in Sietzema, a premature denial is sufficient to trigger the limitation period.
The applicant's claim was therefore statute-barred.
