A.F. v. North Blenheim Mutual Insurance Company (16-002336)

Following a reconsideration of the initial decision, the Tribunal was asked to decide whether the limitation period should be waived in accordance with section 7 of the LAT Act. Adjudicator Watt concluded that the limitation period should not be waived. He held that the claimant had failed to heed direction from the LAT that the 90 day grace period which had applied at FSCO did not apply at the LAT, the claimant’s delay caused additional preliminary issues, the insurer was prejudiced because it might be unable to locate, produce, or rely on old evidence, and the claimant did not provide any evidence of the merits of the appeal.