The applicant sought statutory accident benefits following a 2007 motor vehicle accident.
The insurer denied ongoing attendant care and housekeeping benefits in September 2018.
The applicant applied to the Tribunal in March 2022, beyond the two-year limitation period (even accounting for the O. Reg. 73/20 suspension).
The Tribunal found the 2018 denial was clear and unequivocal, meaning the application was filed late.
However, applying the Manuel factors, the Tribunal exercised its discretion under section 7 of the LAT Act to extend the limitation period, noting the appeal had merit due to the applicant's catastrophic impairment and the insurer suffered no prejudice as it had continued to conduct assessments during the delay.
