Although the Applicant’s appeal of the attendant care benefit was filed beyond the two-year limitation period, the Tribunal found that under s. 7 of the Licence Appeal Tribunal Act, the justice of the case required the limitation period to be extended. The Tribunal found that the Applicant had a reasonable explanation for the delay, and for not appealing the denial because of a Release agreement that extinguished past claims only. Further, the Tribunal found there to be minimal, if any prejudice to the Respondent, and that there was merit to the Applicant’s attendant care benefits claim.
To read the preliminary issue decision, please click S.J. vs. Allstate Canada, 2020 ONLAT 19-001156AABS.
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