The claimant commenced an application after he was involved in a motor vehicle accident on November 9, 2018. He claimed entitlement to IRBs, which the insurer denied on the basis that he did not produce an OCF-3 within 104 weeks of the accident. Vice-Chair Todd found that the claimant was barred from proceeding with his claim for IRBs as he failed to comply with the timelines prescribed by the Schedule for the submission of an OCF-3. The claimant’s IRB application was dismissed. Vice-Chair Todd emphasized that the claimant sent the OCF-3 as just one of seven PDFs in an email to the insurer’s legal representation and the Tribunal for a case conference, 15 months after the IRB claim was first made and long after it was made apparent by the insurer that the missing OCF-3 was a major issue. Vice-Chair Todd concluded that the OCF-3 was never properly submitted to the insurer.
