The preliminary issue in this matter was to determine whether the claimant was limitation-barred from disputing entitlement to ACBs in relation to two accidents due to his failure to dispute the denials within two years. Adjudicator Boyce concluded that the claimant was limitation-barred on both ACB claims. Pursuant to s. 56 of the Schedule, an application under subsection 280(a) of the Insurance Act in respect of a benefit shall be commenced within two years after the insurer’s refusal to pay the amount claimed. The insurer’s submissions addressed s. 7 of the LAT Act, which provides the Tribunal with discretion to extend the limitation period based on four factors: a bona fide intention to appeal within the limitation period; the length of the delay; prejudice to the other party; and the merits of the appeal. It was the claimant’s burden to demonstrate that there were reasonable grounds for extending the missed limitation period based on these four factors and the claimant failed to present a case to demonstrate that the limitation period should be extended.
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