The appellant sought income replacement benefits (IRBs) and attendant care benefits (ACBs) following a motor vehicle accident.
The insurer denied the IRBs and ACBs, and the appellant appealed to the Licence Appeal Tribunal.
The insurer raised preliminary issues, arguing the IRB claim was filed beyond the two-year limitation period under s. 56 of the Schedule, and the ACB claim for a specific period was barred under s. 42(5) because a Form 1 was not submitted prior to the expenses being incurred.
The Tribunal found the IRB claim was statute-barred and declined to extend the time to appeal, noting the lengthy delay and lack of evidence to support the merits of the IRB claim.
However, the Tribunal found the ACB claim was not statute-barred, interpreting s. 42(5) as not preventing an insured from submitting a retroactive Form 1 for incurred expenses.
