The claimant was involved in an accident in November 2019 and sought benefits pursuant to the SABS. The claimant was 11 years old at the time of the accident. The insurer raised a preliminary issue to bar the claimant from proceeding to a hearing because the claimant failed to dispute their denial within the 2-year limitation period. The insurer argued that despite all five issues in dispute being denied in 2020 and 2021, the claimant did not submit her application to the Tribunal until July 2025. The claimant submitted that the 2-year limitation period set out in s. 56 of the SABS did not apply to a minor claimant under 18. She submitted that she was protected by s. 6 of the Limitations Act which suspends a limitation period when a claim involves a minor. She argued that the limitation period does not start to run until she reached the age of majority or she until she was represented by a litigation guardian. The Tribunal held that it was bound by the Divisional Court decision in Botbyl v. Heartland Farm Mutual Inc., 2025 ONSC 3349 (CanLII), wherein the court concluded that the use of the word “court” in s. 129 of the Insurance Act included the Tribunal. Furthermore, in accordance with Tomec and Botbyl, the Tribunal concluded that the term “court” in s. 2 of the Limitations Act includes the Tribunal. The Tribunal further found that the claimant was not represented by a litigation guardian with respect to her accident benefits claim prior to submitting her Representing Minors form on July 8, 2025, triggering the limitation period. Therefore, she was not statute-barred from proceeding with her application.
