This is a preliminary issue decision on whether the claimant was statute barred from pursuing a claim for non-earner benefits because the LAT application was filed more than two years after the benefit was denied. This matter involved the transition from FSCO to the LAT. Adjudicator Ferguson found that the LAT application had been filed within 90 days of the FSCO mediator’s report and, accordingly, the claim for non-earner benefits was not statute barred. Of note, Arbitrator Ferguson also commented on the LAT’s discretion to extend limitation periods under section 7 of the Licence Appeal Tribunal Act. Arbitrator Ferguson held that there are four factors for determining whether an extension of a limitation period should be granted: i. the existence of a bona fide intention to appeal within the appeal period; ii. the length of the delay; iii. prejudice to either party; and iv. the merits of the appeal. Arbitrator Ferguson found that it was not necessary to invoke section 7 in this matter, but he noted that the claim for non-earner benefits met the criteria for granting an extension to the limitation period.
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