E.A. v. Aviva Insurance Company of Canada (17-005601)

The claimant sought entitlement to various medical benefits. The insurer argued that the claimant had applied more than two years after the relevant denials. The claimant conceded that two years had passed, but relied upon section 7 of the LAT Act arguing that the insurer had delayed providing copies of the denials to the new counsel. Adjudicator Norris rejected the claimant’s position. Although the insurer was late in providing copies of the denials to the claimant’s new counsel, the insurer had provided the original denials to the claimant and the claimant’s then-counsel.