Application for income replacement benefits dismissed as statute-barred; extension of time under LAT Act denied.
The applicant was injured in a motor vehicle accident and received income replacement benefits (IRBs) from the respondent.
The respondent terminated the IRBs on September 2, 2016, following insurer examinations.
The applicant applied to the Licence Appeal Tribunal on May 1, 2019, nearly eight months after the two-year limitation period expired.
The Tribunal found the termination letter was a clear and unequivocal denial.
The Tribunal declined to extend the limitation period under s. 7 of the LAT Act, finding no bona fide intention to appeal within the time limit, an unreasonable length of delay, and significant prejudice to the respondent, despite acknowledging some merit to the appeal.
The application was dismissed as statute-barred.
OLATOntario Licence Appeal TribunalMay 13, 2020
