Application for non-earner benefits dismissed as statute-barred; 2013 denial notice without medical reasons was valid.
The applicant sought a non-earner benefit following a 2011 motor vehicle accident.
The respondent denied the benefit in November 2013 based on an updated disability certificate completed by the applicant's treating occupational therapist, which indicated she no longer suffered a complete inability to carry on a normal life.
The applicant applied to the Tribunal in 2022, arguing the 2013 denial was invalid for failing to provide medical reasons under section 37(4) of the Schedule.
Applying Varriano, the Tribunal held the denial was valid as it relied on a non-medical ground (the disability certificate), triggering the two-year limitation period.
The application was dismissed as statute-barred.
OLATOntario Licence Appeal TribunalJan 8, 2024
