The applicant was involved in a motor vehicle accident and subsequently assaulted.
He notified the insurer but failed to submit his application for accident benefits (OCF-1) within the 30-day time limit prescribed by section 32(5) of the Statutory Accident Benefits Schedule, submitting it approximately seven months late.
The Licence Appeal Tribunal held a preliminary issue hearing to determine if the application was statute-barred.
Applying the Horvath factors, the Tribunal found the applicant's explanations—limited English proficiency and ignorance of the claims process—were not reasonable explanations for the delay under section 34.
As the delay prejudiced the insurer's ability to conduct contemporaneous assessments, the Tribunal dismissed the application pursuant to section 55(1)1 of the Schedule.
