The applicant insurer sought judicial review of a decision by the Director's Delegate of the Financial Services Commission of Ontario, which upheld an Arbitrator's finding that the respondent had a reasonable explanation for her delay in claiming statutory accident benefits.
The insurer argued there was no evidence that the respondent was psychologically unable to provide notice.
The Divisional Court dismissed the application, holding that the Director's Delegate applied the correct legal test and reasonably concluded that there was evidence of the respondent's impaired psychological capacity to pursue her claim.
