The appellant appealed a Licence Appeal Tribunal decision dismissing her application for non-earner benefits.
The LAT had found her application void because she failed to elect between non-earner and income replacement benefits before commencing the proceeding, as required by section 35 of the Statutory Accident Benefits Schedule.
The Divisional Court dismissed the appeal, finding no error of law in the LAT's determination that an election was required and that a dispute could not exist until the insurer had made a decision following that election.
