Shalini Thomas

A pedestrian struck by a vehicle in 2008 received statutory accident benefits for attendant care and housekeeping until the insurer terminated them in 2010.

In 2015, after receiving a catastrophic impairment designation, the claimant reapplied for benefits.

The Tribunal and Divisional Court found the claim was out of time based on a two-year limitation period.

The Court of Appeal allowed the appeal, finding that the limitation period was subject to the rule of discoverability and was not a hard limitation period.

The court held that applying a hard limitation period would be contrary to the consumer protection purposes of the Statutory Accident Benefits Schedule and would produce an absurd result by barring claims before the claimant was eligible to make them.

The moving party sought either to have the Court of Appeal reconstitute itself as a panel of the Divisional Court to hear his appeal immediately after the appellant's appeal, or to be granted leave to intervene as a party in the appellant's appeal.

Both the moving party and the appellant were injured in motor vehicle accidents and had their statutory accident benefits claims denied.

The moving party argued that both appeals raised the same or similar issues regarding the application of the two-year limitation period for disputing the refusal of statutory accident benefits.

The court dismissed both requests, finding that allowing the moving party to bypass the Divisional Court would be improper absent compelling reasons, and that efficiency alone was insufficient justification for such an extraordinary step.