Rathakrishnan v. Aviva Insurance Company (19-009539)

The claimant sought entitlement to benefits and the parties attended a case conference where the insurer raised the preliminary issue of whether the claimant was statute barred from proceeding with her claim pursuant to section 56 of the Schedule. Adjudicator Chakravarti found that pursuant to section 56 of the Schedule, the claimant was statute barred from proceeding with her claim for IRBs as she failed to commence her application within the two years after a valid denial from the insurer. The claimant sought relief from the expiry of the limitation period under section 7 of the Schedule. Adjudicator Chakravarti found that after considering all four Manuel factors, the justice of the case did not warrant extending the limitation period.