Application for accident benefits dismissed as statute-barred after being filed hours past the limitation deadline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the treatment plans and the applicant filed an appeal with the Licence Appeal Tribunal.
The respondent raised a preliminary issue that the application was statute-barred because it was filed after 5:00 p.m. on the final day of the two-year limitation period, making it deemed received on the next business day.
The adjudicator found that while the Tribunal has jurisdiction under s. 7 of the Licence Appeal Tribunal Act to extend the limitation period, it would not exercise that discretion.
Applying the four-factor test, the adjudicator found no bona fide intent to appeal within the period and no merit to the appeal, as the applicant's injuries were predominantly minor and subject to the Minor Injury Guideline.
The application was dismissed as statute-barred.
OLATOntario Licence Appeal TribunalMay 7, 2020
