Dr. N. Browne

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.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The respondent denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.

The applicant argued they suffered from a psychological impairment and chronic pain taking them outside the MIG.

The Tribunal found insufficient evidence of a psychological impairment or chronic pain caused by the accident, preferring the respondent's physiatry assessment over the applicant's delayed psychological reporting.

The Tribunal concluded the injuries were predominantly minor, dismissing the application and denying the respondent's request for costs.