Jonathan Wiesenthal

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent insurer denied a treatment plan for chiropractic treatment on July 24, 2017.

The applicant filed an application with the Licence Appeal Tribunal on September 10, 2020.

The respondent raised a preliminary issue that the claim was statute-barred under s. 56 of the Statutory Accident Benefits Schedule.

The Tribunal found that the respondent's July 24, 2017 letter constituted a clear and unequivocal denial, triggering the two-year limitation period.

Although a subsequent letter from the respondent was confusing, it did not restart the limitation period.

The Tribunal held that the applicant was statute-barred from pursuing the claim.

The Tribunal held a Case Management Conference regarding an appeal of a Zoning By-law Amendment application for a proposed 3-storey apartment building.

The Tribunal granted participant status to a neighbouring resident.

As the applicant also filed consent and site plan applications that were appealed, the Tribunal directed that the three matters be heard together and scheduled a second Case Management Conference to finalize the Procedural Order and Issues List.