The appellant was struck by an uninsured motorcycle and suffered serious injuries.
She applied for statutory accident benefits 14 months after the accident, well beyond the 7-day notice period.
The License Appeal Tribunal found she did not have a reasonable explanation for the delay and barred her claim.
On appeal to the Divisional Court, the appellant argued the adjudicator erred in law by failing to address a prior LAT decision with similar facts.
The Divisional Court dismissed the appeal, holding that an administrative tribunal's failure to follow or expressly distinguish its own prior decisions does not constitute an error of law, and the adjudicator's weighing of the reasonable explanation factors was a question of mixed fact and law not subject to appeal.
