A preliminary issue hearing was held to address whether the claimant was barred from proceeding with her claim for ACBs and NEBs due to failure to commence an application within the two year limitation period. Vice-Chair Boyce determined that the application for ACBs was not properly before the Tribunal but that an exercise of discretion under s. 7 of the LAT Act was appropriate to allow the claimant to proceed with her claim for NEBs. Vice-Chair Boyce found that although the claimant commenced her claim six business days outside of the limitation period, the facts supported an exercise of discretion under s. 7 of the LAT Act , mainly because the insurer would not be prejudiced by a short delay. Regarding ACBs, the Schedule is clear that a Form-1 is required for an application for ACBs. The claimant’s failure to submit the Form 1 meant that ACBs had not been properly applied for and could not be in dispute.
