Danielle N. Lecours

The applicant sought a non-earner benefit following a motor vehicle accident.

The insurer requested the applicant elect between an income replacement benefit and a non-earner benefit.

The applicant filed an application with the Licence Appeal Tribunal before making an election or receiving a denial from the insurer.

The Tribunal held it lacked jurisdiction to adjudicate the claim because, under section 280 of the Insurance Act, there can be no dispute until a claim is denied by the insurer.

The application was dismissed.

The applicant sought reconsideration of a decision dismissing his appeal for a non-earner benefit as being outside the two-year limitation period.

The applicant argued the adjudicator breached natural justice, committed errors of law, and failed to consider extending the time under s. 7 of the LAT Act.

The Vice-Chair dismissed the reconsideration request, finding no breach of natural justice or error of law.

Applying the four-factor test from Manuel, the Vice-Chair declined to exercise discretion to extend the limitation period, noting the applicant's failure to explain a five-month delay and lack of evidence regarding prejudice to the respondent.