The appellant was injured when crushed between a forklift and a van.
He notified his insurer of a claim for statutory accident benefits nearly two years later, well beyond the 30-day limit under the Statutory Accident Benefits Schedule.
The insurer denied the claim.
The motion judge found the appellant had no reasonable excuse for the delay and declined to grant relief from forfeiture under s. 129 of the Insurance Act, citing prejudice to the insurer.
The Court of Appeal upheld the decision, finding no error in the motion judge's exercise of discretion to deny relief from forfeiture.
