The insurer brought a preliminary motion arguing that the applicant's claim for attendant care benefits was barred by the two-year limitation period.
The insurer had sent Explanation of Benefits forms stating the applicant did not qualify for attendant care benefits under the Minor Injury Guideline before the applicant had submitted an Assessment of Attendant Care Needs form.
The Tribunal dismissed the motion, finding that a limitation period cannot begin to run before a benefit is actually claimed.
Furthermore, the language used in the insurer's forms stating there was 'no coverage' was not a clear and unequivocal denial sufficient to trigger the limitation period.
