Applicant's undiagnosed schizophrenia constituted a reasonable excuse for a nearly three-year delay in reporting an accident.
The applicant was injured in a motor vehicle accident in July 1996 but did not notify his insurer until March 1999.
The insurer denied the claim for statutory accident benefits based on the failure to notify within the 30-day time limit under section 59 of the Schedule.
In a preliminary issue hearing, the arbitrator found that the applicant suffered from undiagnosed paranoid schizophrenia at the time of the accident, which caused him to irrationally attribute his symptoms to other causes and focus on finding a cure rather than making a claim.
Applying the principles of reasonable excuse and drawing an analogy to the tolling of limitation periods for persons of unsound mind, the arbitrator concluded that the applicant's mental illness constituted a reasonable excuse for the delay.
The applicant was therefore not disentitled to benefits and was permitted to proceed to arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 5, 2002
