The applicant was catastrophically impaired in a motor vehicle accident and received a non-earner benefit (NEB) from the respondent insurer.
The insurer denied further payment of the NEB in October 2016.
The applicant appealed the denial to the Licence Appeal Tribunal in November 2018, beyond the two-year limitation period under section 56 of the Statutory Accident Benefits Schedule.
The insurer brought a motion to dismiss the appeal as time-barred.
The Tribunal found that the insurer had properly sent the denial notice by mail and fax.
Applying the four-part test under section 7 of the Licence Appeal Tribunal Act, the Tribunal declined to extend the limitation period, finding no bona fide intention to appeal within the period and no valid reason for the delay.
The application for the NEB was dismissed as time-barred.
