Applicant v. Co-operators General Insurance Company (18-003622)

The claimant was involved in an accident in 2003. His entitlement to ACBs and HK expenses were denied in 2012. He applied to the LAT disputing further entitlement. The insurer argued that the claimed were barred by the limitation period. Adjudicator Helt concluded that the limitation period did not apply because the claimant was deemed catastrophically impaired as a result of the accident in 2015, and the Court of Appeal’s reasons in Tomec. In order for the limitation period to apply to ACBs or HK expenses, there had to be a new denial to trigger the limitation period. Such a letter was sent to the claimant in December 2017, but he applied to the LAT within two years of that date.