The insurer brought a motion seeking to dismiss the application for IRBs as statute barred by section 56 of the SABS. Adjudicator Farlam held that the claimant’s application was statute-barred. The insurer submitted: (1) the claimant was statute-barred from bringing its IRB claim pursuant to section 56 as the claimant commenced the application more than two years after the insurer’s denial and, (2) the Tribunal did not have discretion under section 7 of the LAT Act to extend the limitation period. The claimant submitted that the insurer failed to adduce evidence that the denial letter was sent to the claimant, who did not discover the denial until she read the correspondence from her lawyer of August 24, 2020 and argued that the COVID regulation extended the time for her application. She alternatively sought an extension under section 7 of the LAT Act and submitted she met the grounds for an extension. Adjudicator Farlam found the insurer met its burden of proof to establish the claimant was statute-barred. On cross-examination, the claimant admitted that her lawyer received the denial letter on March 9, 2018. She also testified that she was living in Vietnam at the time of delivery of the denial letter and had not asked anyone to collect her mail. She further testified she relied on her lawyer to keep track of the limitation periods. Adjudicator Farlam found the claimant had received the denial letter on its date because her lawyer had received the denial as her agent. The COVID-19 regulation was not of assistance in this case as it came into effect after the date of the denial letter and more than two years after the denial letter. Adjudicator Farlam further indicated the claimant had failed to notify the insurer that she would be out of the country from January to April 2018 and the claimant had not provided a satisfactory explanation as to why she had not been in contact with her lawyer after IRBs stopped in March 2018. In regard to the claimant’s request for an extension of the limitation period, Adjudicator Farlam found the claimant failed to show bona fide or good faith intention to appeal within the appeal period, which ended on March 9, 2020. Adjudicator Farlam indicated the claimant had excessively delayed filing her IRB claim with the Tribunal more than 5 months after the limitation period expired. Adjudicator Farlam stated that the insurer would be prejudiced and uncertainty would result to the insurer if the statutory limitation period was disregarded. The insurer was also denied the opportunity to obtain evidence as to the applicant’s ongoing medical and vocational state during the last several years.
