Adam Huff

The moving parties brought a motion for leave to appeal the order of ten Cate J. dated December 31, 2025.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding parties fixed at $2,500 all inclusive.

The applicant sought an extension of time to file a request for reconsideration of a preliminary issue decision that barred his claim for attendant care benefits.

The applicant's former counsel had removed herself from the record the day before submissions were due, leaving the applicant unrepresented and unaware of the decision.

The Tribunal granted the motion, finding that the applicant had a bona fide intention to appeal and that denying the extension would result in a denial of procedural fairness.

The applicant was injured in a motor vehicle accident and received statutory accident benefits.

The insurer terminated attendant care and housekeeping benefits, leading to a settlement and release.

The release included a 'without prejudice' clause preserving the applicant's right to claim post-104 week benefits if determined to be catastrophically impaired.

The insurer raised a preliminary issue arguing the applicant was barred from claiming these benefits due to the limitation period and the settlement.

The arbitrator found the release clear and unambiguous, holding that it did not preclude the applicant from proceeding with his claim for post-104 week benefits.