Application for accident benefits dismissed as statute-barred; Tribunal declined to extend limitation period.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, which the respondent insurer denied.
The applicant filed an application with the Licence Appeal Tribunal more than two years after the denials.
The respondent raised a preliminary issue that the application was statute-barred under section 56 of the Schedule.
The Tribunal found that the denials were clear and unequivocal, triggering the limitation period.
Applying the Manuel factors under section 7 of the Licence Appeal Tribunal Act, the Tribunal declined to extend the limitation period due to the length of the delay, lack of bona fide intention to appeal within the period, and prejudice to the respondent.
The application was dismissed as statute-barred.
OLATOntario Licence Appeal TribunalJul 31, 2020
