2 total
Applicant permitted to proceed with accident benefits claim after establishing reasonable explanation for late application.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits.
The respondent denied benefits on the basis that the applicant failed to notify it of the claim within seven days and failed to submit his OCF-1 application within 30 days.
At a preliminary issue hearing, the Tribunal found that the applicant had a reasonable explanation for both delays.
The applicant reasonably believed his counsel had notified the respondent, and he experienced delays in completing the OCF-1 due to medical referrals and a union strike at his employer.
The Tribunal concluded the applicant was not barred from proceeding with his claim.
The court dismissed the plaintiff's personal injury action for delay due to his persistent failure to produce documents and answer undertakings.
The plaintiff brought a motion under Rule 48.14(5) to extend the time to set an action down for trial.
The action, commenced in 2017 for injuries allegedly sustained when struck by falling concrete, had not been set down for trial by the eighth anniversary of commencement.
The court dismissed the motion and the action for delay, finding that the plaintiff failed to provide an acceptable explanation for the delay and failed to demonstrate that the defendants would not suffer non-compensable prejudice.
The primary cause of delay was the plaintiff's failure to produce relevant documents and answer outstanding undertakings.
Despite multiple accommodations from the defendants and efforts by current counsel to obtain compliance, the plaintiff failed to cooperate adequately or demonstrate an intention to pursue the action.
