The applicant was injured in a motor vehicle accident and sought a non-earner benefit, which the respondent insurer denied.
The applicant filed an application for dispute resolution with the Licence Appeal Tribunal more than nine months after the two-year limitation period expired.
The respondent raised a preliminary issue that the claim was statute-barred.
The Tribunal applied the four Manuel factors under section 7 of the Licence Appeal Tribunal Act and granted an extension of time, finding that the applicant had a bona fide intention to appeal, the delay was explained by her declining function and reliance on counsel, the respondent suffered no prejudice, and the appeal had merit given the applicant's catastrophic impairment designation.
