The appellant sought judicial review and appealed a Licence Appeal Tribunal (LAT) decision dismissing his application for Income Replacement Benefits (IRBs) as statute-barred.
The LAT found that the insurer's May 3, 2021 letter constituted a clear and unequivocal denial of benefits, triggering the two-year limitation period under the Statutory Accident Benefits Schedule.
The Divisional Court upheld the LAT's decision, finding no error in its application of the limitation period or its refusal to extend the time to appeal.
The court also rejected the appellant's arguments regarding discoverability and the impact of subsequent correspondence from the insurer.
