Nadine Rizk

The applicant sought a stay or an adjournment sine die of his Tribunal application for housekeeping and home maintenance benefits until he obtained a catastrophic impairment designation.

The respondent argued that, following the Court of Appeal's decision in Tomec, the limitation period does not begin to run until the applicant is deemed catastrophically impaired, so the application should be dismissed without prejudice.

The Adjudicator agreed with the respondent, finding that keeping the file open indefinitely would contravene the Tribunal's mandate for efficient and timely resolution.

The application was dismissed without prejudice.

The applicants sought interest and a special award under the Statutory Accident Benefits Schedule, alleging the respondent insurer delayed payment of death and funeral benefits following the death of their child in a motor vehicle accident.

The Licence Appeal Tribunal dismissed the claims, finding that the initial application for benefits was incomplete because it lacked essential eligibility documentation.

The insurer paid the benefits within 30 days of receiving the completed application, meaning the payment was never overdue and no interest or special award was payable.