Philippa Samworth

The insureds were seriously injured in a motorcycle accident.

They had standard accident benefits with Economical and optional enhanced benefits with Heartland.

Due to an innocent mistake and incorrect advice, they submitted their initial application for benefits to Economical instead of Heartland.

Heartland denied their subsequent claim for optional benefits, arguing the insureds had elected to claim from Economical.

The Licence Appeal Tribunal initially granted the insureds relief from forfeiture, but this was overturned on reconsideration.

On appeal, the Divisional Court restored the initial LAT decision, holding that the LAT has jurisdiction to grant relief from forfeiture under s. 129 of the Insurance Act, and that the insureds were entitled to withdraw their mistaken application and apply to Heartland.

The appellant was injured when crushed between a forklift and a van.

He notified his insurer of a claim for statutory accident benefits nearly two years later, well beyond the 30-day limit under the Statutory Accident Benefits Schedule.

The insurer denied the claim.

The motion judge found the appellant had no reasonable excuse for the delay and declined to grant relief from forfeiture under s. 129 of the Insurance Act, citing prejudice to the insurer.

The Court of Appeal upheld the decision, finding no error in the motion judge's exercise of discretion to deny relief from forfeiture.