C.A. v. Allstate Insurance Company of Canada (19-005816)

The claimant sought entitlement to IRBs. The insurer argued that the dispute was initiated beyond the two year limitation period. The claimant applied to the LAT two days late because of an earlier faxing error. The insurer was provided with the LAT application 10 days thereafter. Adjudicator Johal held that the dispute was not brought within the limitation period, but that section 7 of the LAT Act should be used to extend the limitation period. The claimant had a bona fide intention to dispute the IRB denial, and the length of the delay (which was caused by technical issues) was minimal. There was no prejudice to the insurer due to the delay. The adjudicator rejected the insurer’s argument that the Tribunal did not have jurisdiction under section 7 of the LAT Act to extend the limitation period.